Thread: ACLU Files Lawsuit Just Hours After Trump Signed Executive Order Addressing Birthrigh

ACLU Files Lawsuit Just Hours After Trump Signed Executive Order Addressing Birthright Citizenship

by Cassandra MacDonald Jan. 21, 2025 9:00 am



The American Civil Liberties Union (ACLU) has filed a lawsuit challenging President Donald Trump’s executive order on birthright citizenship.

The lawsuit was filed in New Hampshire on Monday evening, just hours after the executive order was signed.

Under Trump’s order, a baby born in the United States will not have automatic citizenship unless one of the parents is a citizen or green card holder.

The order states:

It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.

“On a prospective basis, the federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the United States,” a Trump official explained on a call with reporters about the orders.

The ACLU argues that the order violates the 14th Amendment and the Administrative Procedures Act.

“Denying citizenship to U.S.-born children is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values. Birthright citizenship is part of what makes the United States the strong and dynamic nation that it is.

This order seeks to repeat one of the gravest errors in American history, by creating a permanent subclass of people born in the U.S. who are denied full rights as Americans,” Anthony D. Romero, executive director of the American Civil Liberties Union, said in a statement.

“We will not let this attack on newborns and future generations of Americans go unchallenged. The Trump administration’s overreach is so egregious that we are confident we will ultimately prevail.”

https://www.thegatewaypundit.com/202...-trump-signed/

I expected this, we need Congress to codify Trump's Executive Order with corresponding legislation ASAP!

Here is a link to the FILED A LAWSUIT against Trump’s EXECUTIVE ORDER (PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP).


To substantiate their claim, Plaintiffs argue that the Fourteenth Amendment was intended to confer citizenship upon any person born on American soil. Plaintiffs assert “. . . when proposing the language of the Citizenship Clause to the Senate, Senator Jacob M. Howard of Michigan explained that, “[t]his amendment … is simply declaratory of what I regard as the law of the land already, that every person born within the limits of the United States, and subject to their jurisdiction, is … a citizen of the United States.”

Keep in mind Howard’s comment does not address the important question of what is meant by “and subject to the jurisdiction thereof”, and that omission is in addition to Plaintiffs suspiciously avoiding the inclusion of Senator Reverdy Johnson’s clarification of the Fourteenth Amendment. Senator Johnson notes the absolute necessity connected to citizenship upon birth as follows:

[A]ll that this amendment provides is, that all persons born in the United States and not subject to some foreign Power—for that, no doubt, is the meaning of the committee who have brought the matter before us—shall be considered as citizens of the United States. That would seem to be not only a wise but a necessary provision. If there are to be citizens of the United States entitled everywhere to the character of citizens of the United States there should be some certain definition of what citizenship is, what has created the character of citizen as between himself and the United States, and the amendment says that citizenship may depend upon birth, and I know of no better way to give rise to citizenship than the fact of birth within the territory of the United States, born of parents who at the time were subject to the authority of the United States.”

Parents who are subject to the authority of the United States, within the meaning of the Fourteenth, enjoy political privileges such as voting, and have military service obligations when called upon, which is not the case of parents who are foreign nationals, and especially of foreign nationals who illegally enter the United States who give birth to offspring.

Petitioners in claiming the Fourteenth Amendment was intended to confer citizenship upon "any person" born on American soil gloss over the intended purpose and meaning of the qualifier “and subject to the jurisdiction thereof” and they dismiss the qualifier as being relating only to “tribal members and the children of foreign ministers”, when in fact the historical debates of the Fourteenth Amendment show otherwise, in addition to our very own Supreme Court noting in Elk v. Wilkins the Citizenship Clause’s jurisdictional qualifier means “not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance.”

Finally, Petitioners trout out and rely upon United States v. Wong Kim Ark as confirming “[a]ll persons born” in and “subject to the jurisdiction” of the United States…” “. . . entitles a child born in the United States to noncitizen parents to automatic citizenship…”. What Petitioners disingenuously omit is that the parents of Wong were Chinese immigrants who were legally living in the U.S., had established and enjoyed a permanent domicile and residence in the U.S. and were carry on a business. The Court, in Wong, did not consider citizenship with respect to the offspring of illegal entrant foreign nationals, who certainly are not “subject to the jurisdiction” of the United States within the well documented meaning of the Fourteenth Amendment.

The bottom line for rejecting the lawsuit against Trump’s PROTECTING THE MEANING AND VALUE OF AMERICAN CITIZENSHIP is, to date Congress has not exercised its Section V exclusive power under the Fourteenth Amendment to recognize and grant citizenship to the offspring of illegal entrant foreign nationals born on American soil, nor has there been a Supreme Court case called to decide if a child born on American soil to an illegal entrant foreign national is a U.S. citizen upon birth. The fact is, mere current and unwritten policy, not law, now recognizes them as such.


Our current president, under Article 2 of our Constitution, has administrative power allowing him to set new public policy ___ just as Biden did with his open border policy that has caused great harm to the United States.

President Trump has acted within the law, and exercised his administrative policy-making-power, so the offspring of an illegal entrant born on American soil will no longer be recognized as a citizen of the United States upon birth.

Elections have consequences, and part of the consequences of an election allows the setting new public policy . . . this is a fundamental hallmark of our constitutionally limited "Republican Form of Government" guaranteed by our Constitution.

If the State Plaintiffs do not like the lawfully adopted new policy their remedy is to be found under Article V of our Constitution, not through judicial lawfair, and they ought to propose a constitutional amendment declaring, as suggested in their lawsuit, that all persons born in the United States, regardless of their parent's citizenship or entry into the United States, are heretofore citizens of the United states" and would thus entitle them to all welfare benefits including programs administered by the States and jointly funded by federal and state dollars [see page 21 of their lawsuit] and explains what their lawsuit is really about . . . free government cheese provided by American citizen taxpayers.

JWK

America's wage-earning citizens are being made into taxed slaves by todays Democrat Leadership to pay for the economic and social needs of millions upon millions of foreign nationals who have invaded the United States’ border.