Washington, Jan 23, (dpa/GNA) – At the start of his new term in office, US President Donald Trump tested the limits of his power, and immediately faced resistance.
Several US states and civil rights organizations said on Tuesday, they intend to legally prevent the abolition of birthright citizenship in the United States for children of people without residency status.
Trump ordered the change via presidential decree the previous day, one of dozens of decisions on his first day in office, that marked a radical departure from the previous administration’s policies.
“Presidents can’t overrule the Constitution and centuries of precedent with a stroke of a pen,” New Jersey Attorney General Matt Platkin posted on the platform X.
In a longer statement posted online, Platkin said he was leading the efforts of 18 states, the District of Columbia, and the city of San Francisco. He described Trump’s order as unlawful.
“President Trump’s attempt to unilaterally end birthright citizenship is a flagrant violation of our Constitution,” Platkin’s statement said. “For more than 150 years, our country has followed the same basic rule: Babies who are born in this country are American citizens.”
The 14th amendment to the US constitution states that anyone born in the United States, is a citizen of the country. However, Trump argues that this does not apply if the mother was unlawfully or only temporarily in the US. He refers to a clause in the amendment, stating that it pertains to people subject to US jurisdiction.
The Supreme Court has so far made no distinction based on whether the parents were legally or illegally in the US. However, Trump’s decree could result in the Supreme Court examining the issue.
The judges could potentially interpret the constitution differently from before. During Trump’s first term, the Supreme Court shifted significantly to the right due to several appointments.
In the lawsuit by civil rights organizations, the Trump administration is accused of overriding the constitution’s provisions, Congress’s intent, and the long-standing jurisprudence of the Supreme Court.
“Denying citizenship to US-born children is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values,” criticized Anthony Romero of the American Civil Liberties Union (ACLU).
Upon signing the decree, Trump himself admitted that the plan might fail. However, he believed he had a solid legal foundation.
GNA