End of Birthright Citizenship
- info@theVisaCode
- Feb 7
- 2 min read
DonaldTrump Signed Executive Order to End the Birthright Citizenship on Jan 20, 2025
The Executive Order shall apply only to persons who are born within the United States after 30 days from the date of this order.
On Oct 30, 2018, Trump told "Axios on HBO" that he has run the idea of ending birthright citizenship by his counsel and plans to proceed with the highly controversial move. This was then considered to be largely political posturing, this resurfaced during his recent Presidential Election Campaign.
American Civil Liberties Union (ACLU) - Immigrants’ Rights Advocates Sue Trump Administration Over Birthright Citizenship Executive Order.
Case: New Hampshire Indonesian Community Support v. Donald J. Trump - - Case No. 1:25-cv-38 (Downloadable at https://lnkd.in/gVhwheDX)
CLAIMS FOR RELIEF:
1. FIRST CLAIM FOR RELIEF: The Executive Order violates the Fourteenth Amendment’s Citizenship Clause because it denies citizenship to the children of noncitizens who are born in the United States and subject to the jurisdiction of the United States
2. SECOND CLAIM FOR RELIEF: The Executive Order violates 8 U.S.C. § 1401 et seq. because it denies citizenship to the children of noncitizens who are born in the United States and subject to the jurisdiction of the United States.
3. THIRD CLAIM FOR RELIEF: The actions of Defendants that are required or permitted by the Executive Order, as set forth above, are contrary to constitutional right, power, privilege, or immunity, including rights protected by the Fourteenth Amendment to the U.S. Constitution, in violation of the Administrative Procedure Act, 5 U.S.C. § 706(2)(B).
4. FOURTH CLAIM FOR RELIEF: The actions of Defendants that are required or permitted by the Executive Order, as set forth above, violate 8 U.S.C. § 1401 et seq. and are in excess of statutory jurisdiction, authority, or limitations, or short of statutory right, in violation of the Administrative Procedure Act, 5 U.S.C. § 706(2)(C).
DECLARATORY AND INJUNCTIVE RELIEF SOUGHT:
a. Declare that the Executive Order is unconstitutional and unlawful in its entirety;
b. Preliminarily and permanently enjoin Defendants from enforcing the Executive Order;
c. Require Defendants to pay reasonable attorneys’ fees and costs;
d. Grant any other and further relief that this Court may deem just and proper.
It should be noted that, "Birthright citizenship is a legal right guaranteed by the U.S. Constitution, and changing this right would require either a constitutional amendment or a significant reinterpretation by the U.S. Supreme Court. The authority to amend the Constitution lies exclusively with Congress and state legislatures, not the President."