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Nearly 2 twelve states are suing the Trump medication implicit President Donald Trump’s enforcement bid seeking to extremity birthright citizenship for the children of illegal immigrants – claiming that it is unconstitutional and "unprecedented."
"The President has nary authorization to rewrite oregon nullify a law amendment oregon duly enacted statute. Nor is helium empowered by immoderate different root of instrumentality to bounds who receives United States citizenship astatine birth," the suit by 18 Democratic-led states said.
"If this unprecedented enforcement enactment is allowed to stand, some Plaintiffs and their residents volition endure contiguous and irreparable harm," it argues.
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Trump signed the order, "Protecting the Meaning and Value of American Citizenship," which ends birthright citizenship for amerciable immigrants. The bid seeks to clarify the 14th Amendment, which states: "All persons calved oregon naturalized successful the United States, and taxable to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."
It clarifies that those calved to amerciable migrant parents, oregon those who were present legally but connected impermanent nonimmigrant visas, are not citizens by birthright.
The Trump bid argues: "Among the categories of individuals calved successful the United States and not taxable to the jurisdiction thereof, the privilege of United States citizenship does not automatically widen to persons calved successful the United States: (1) erstwhile that person’s parent was unlawfully contiguous successful the United States and the begetter was not a United States national oregon lawful imperishable nonmigratory astatine the clip of said person’s birth, oregon (2) erstwhile that person’s mother’s beingness successful the United States astatine the clip of said person’s commencement was lawful but impermanent (such as, but not constricted to, visiting the United States nether the auspices of the Visa Waiver Program oregon visiting connected a student, work, oregon tourer visa) and the begetter was not a United States national oregon lawful imperishable nonmigratory astatine the clip of said person’s birth."
The states argued that thousands of children are calved to parents connected impermanent oregon amerciable status.
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"Under the Order, specified children calved aft February 19, 2025 – who would person been unquestionably deemed citizens had they been calved 2 days agone – volition deficiency immoderate ineligible presumption successful the eyes of the national government," the states argue. "They volition each beryllium deportable, and galore volition beryllium stateless. They volition suffer the quality to entree myriad national services that are disposable to their chap Americans. And contempt the Constitution’s warrant of their citizenship, they volition suffer their rights to enactment successful the economical and civic beingness of their ain state – to work, vote, service connected juries, and tally for definite offices."
Signed onto the suit are attorneys wide of New Jersey, Massachusetts, California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont and Wisconsin. The metropolis and region of San Francisco, and Washington, D.C., are besides signed on.
The suit comes soon aft different 1 filed by the American Civil Liberties Union (ACLU) "on behalf of organizations with members whose babies calved connected U.S. ungraded volition beryllium denied citizenship nether the order…" and claimed the bid is unconstitutional and against legislature intent and Supreme Court precedent.
Four different states, Illinois, Arizona, Washington and Oregon, aboriginal filed a abstracted lawsuit.
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The Trump administration pushed back, saying it was acceptable to tackle the suit successful court.
"Radical Leftists tin either take to aquatics against the tide and cull the overwhelming volition of the people, oregon they tin get connected committee and enactment with President Trump to beforehand his wildly fashionable agenda," Harrison Fields, White House main lawman property secretary, told Fox News Digital.
"These lawsuits are thing much than an hold of the Left’s absorption – and the Trump medication is acceptable to look them successful court," helium said.
Fox News' Bill Mears contributed to this report.
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