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Mother tends to children

A mother who is undocumented tends to one of her three U.S.-born children on June 7, 2017 in Denver, Colorado.

(Photo: John Moore/Getty Images)

Immigrant Rights Groups Sue Trump Over Attack on 'Cornerstone of Our Democracy'

President Donald Trump's attempt to end birthright citizenship "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."

A coalition of immigrant rights groups sued the Trump administration on Monday over the newly inaugurated president's executive order attempting to end birthright citizenship, a move that campaigners and legal experts condemned as both immoral and flagrantly unconstitutional.

The lawsuit was filed by several branches of the ACLU, the Asian Law Caucus, the State Democracy Defenders Fund, and the Legal Defense Fund on behalf of groups with members whose children born in the United States would be denied citizenship under President Donald Trump's new order, which runs up against the clear text of the 14th Amendment and more than a century of legal precedent.

Anthony Romero, executive director of the ACLU, said in a statement that "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," said Romero. "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. 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."

The groups behind the new lawsuit noted that Trump's order leaves many expectant parents across the United States fearful and uncertain about their babies' futures. The organizations pointed to one couple who arrived in the U.S. in 2023 and is awaiting a review of their asylum application.

"The mom-to-be is in her third trimester," the groups said. "Under this executive order, their baby would be considered an undocumented noncitizen and could be denied basic healthcare and nutrition, putting the newborn at grave risk at such a vulnerable stage of life."

"Taken as a whole, Trump's words and actions reveal the enormity of the danger we're facing, which compels us all to mobilize to fight back."

Theo Oshiro, co-executive director of Make the Road New York, said Monday that "birthright citizenship is a cornerstone of our democracy."

"Our members, who come from all over the world, have created vibrant communities, loving families, and built this country over generations," said Oshiro. "To deny their children the same basic rights as all other children born in the United States is an affront to basic values of fairness, equality, and inclusivity. We are grateful for the bravery of our members who have taken on this case, and are prepared to fight alongside them."

The order was part of a flurry of immigration-related actions that Trump took on the first day of his second White House term, including an emergency declaration that directs the U.S. armed forces "to take all appropriate action to assist the Department of Homeland Security in obtaining full operational control" at the southern border.

Trump also signed an executive order suspending refugee programs, a step that had an immediate impact. Reutersreported that "nearly 1,660 Afghans cleared by the U.S. government to resettle in the U.S., including family members of active-duty U.S. military personnel, are having their flights canceled" under the order.

Additionally, The Washington Postreported that "asylum seekers who made appointments to come to the U.S. border Monday afternoon were blocked at international crossings after Trump officials halted use of the CBP One mobile app, which the Biden administration used as a scheduling tool."

"Trump also ended all 'categorical' parole programs that under President Joe Biden allowed 30,000 migrants per month to enter the country via U.S. airports, bypassing the border, for applicants from Cuba, Venezuela, Haiti, and Nicaragua," the Post added.

Kica Matos, president of the National Immigration Law Center, said that "taken as a whole, Trump's words and actions reveal the enormity of the danger we're facing, which compels us all to mobilize to fight back."

"This is a fight not just to protect immigrants," said Matos, "but to also defend our democracy."

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