ACLU Challenges Trump Executive Orders Restricting Birthright Citizenship

The American Civil Liberties Union and other immigration advocacy groups filed a legal challenge in a New Hampshire federal court on August 12 against two executive orders signed by Donald Trump on August 6. The orders seek to restrict birthright citizenship by targeting birth tourism and expanding exceptions for children of foreign government employees, members of terrorist organizations, or individuals who committed fraud to give birth in the United States.

This legal action follows a June Supreme Court of the United States ruling that struck down a previous administration attempt to deny citizenship to children of temporary visitors and undocumented immigrants. In that ruling, Chief Justice John Roberts stated that the 14th Amendment extended its promise to every free-born person in the land.

President Trump defended the new measures as necessary adjustments to a situation he described as very unfair. In response, the ACLU argues that the new orders violate the 14th Amendment and an existing injunction. Cody Wofsy of the ACLU stated that the Supreme Court had already decided the issue and that no executive order can change the meaning of the Constitution.