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birthright citizenship
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."
Jan 21, 2025
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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Impact of Trump Immigration Crackdown Is Swift as Advocates Vow to Fight Back
The president signaled an end to birthright citizenship and a prompt start to deportation raids as migrants at the southern border were barred from entering the U.S.
Jan 20, 2025
President Donald Trump had barely finished his inauguration speech Monday when his anti-immigration agenda's human impact became clear, with families at the U.S.-Mexico border learning their existing appointments with Customs and Border Protection had been cancelled after waiting months to speak with officials about applying for asylum.
Arelis R. Hernández of The Washington Post was among the journalists who shared the stories of devastated migrants on Monday, posting a video of one person who had been determined to enter the U.S. through a port of entry.
"Existing appointments are no longer valid," read a message on the CBP One app that was launched by the Biden administration, following Trump's inauguration speech in which he detailed several anti-immigration executive orders that he planned to sign immediately.
The app was rendered inoperable after Trump pledged to declare a "national emergency at the southern border" and said that "all illegal entry will immediately be halted," with administration officials beginning "the process of returning millions and millions of criminal aliens back to the places from which they came"—a reference to Trump's mass deportation plan that was a signature theme of his election campaign.
Ahead of Trump's inauguration, Pope Francis was among the faith leaders who condemned his anti-immigration agenda, saying he was praying that under the second Trump administration, Americans "will prosper and always strive to build a more just society, where there is no room for hatred, discrimination, or exclusion."
If Trump moves forward with his mass deportation plan, said the pope, "this will be a disgrace."
"That's not how things are resolved," said Pope Francis.
Trump's "border czar," Thomas Homan, who previously served as acting director of Immigration and Customs Enforcement (ICE), attempted to backtrack on Saturday regarding details of an administration plan to launch immigration raids across Chicago just after Inauguration Day.
"ICE will start arresting public safety threats and national security threats on day one," Homan told the Post. "This is nationwide thing. We're not sweeping neighborhoods. We have a targeted enforcement plan."
But other incoming Trump officials, including Homan, have previously said that any of the 11 million undocumented immigrants who are in the United States could be targeted as the administration begins enforcement immediately.
Homan said in December that—contrary to the hope expressed by Pope Francis ahead of the inaugural speech—the administration is planning to "set up a phone line for members of the public to alert immigration authorities to undocumented people in their communities."
Chris Thomas, an attorney with the law firm Holland & Hart, who has represented people and businesses swept up in immigration raids, toldForbes that the Trump administration is likely to target workplaces without providing any notice to business owners as a way of generating publicity.
"When the government encourages [informing authorities about undocumented people], we've seen people turning in ex-boyfriends, ex-girlfriends, business competitors, and neighbors they don't like," Thomas told Forbes.
Trump said Monday that he plans to promptly end birthright citizenship via executive order, reinterpreting the 14th Amendment and excluding from its protections U.S.-born babies whose parents were born outside the country. Legal scholars have signaled such a move would be challenged in court.
Vanessa Cárdenas, executive director of the immigrant rights group America's Voice, noted that Trump's "radical plan for mass deportations is not what the American people want, especially when they learn the details and see it unfold," citing polls from CNN and Fox News.
"Scores of business leaders in key industries are fearful that mass deportation will gut entire sectors of our economy and public schools are taking the dramatic step of preparing their classrooms and parking lots for raids by federal agents," said Cárdenas. "Much like we saw during his family separation policy, we expect backlash from Americans upon witnessing the harms of Trump's second-term immigration agenda, including on the American economy and our core values."
Ronnate Asirwatham, director of government relations for NETWORK Lobby for Catholic Social Justice, said Trump's speech indicated that "in the coming days we will see an onslaught of executive orders, proclamations, and legislation that will attempt to criminalize our neighbors, family members, and friends."
"We will not let our community be divided in this way," said Asirwatham. "From doctors to grocery store workers, if our neighbors are ripped from our communities, we will be grieving their loss, absence, gifts, and contributions to our community and country. We refuse to stay silent as the state unnecessarily targets people, all the while pursuing policies that benefit only the ultrawealthy."
Joan F. Neal, interm executive director of NETWORK, said the group will "shed light on these heinous policies and hold our government accountable, with a vision of an inclusive, pluralistic democracy that welcomes those fleeing persecution, keeps families together, and supports an economy for all so that we can build a more just future."
"We will not remain silent," said Neal, "while our neighbors are harmed by cruel and vicious treatment."
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Bondi’s Non-Answer on the 14th Amendment Speaks Volumes
What Trump's nominee to be Attorney General claims she doesn't know about birthright citizenship should frighten us all.
Jan 17, 2025
In her Tuesday confirmation hearing, President-elect Donald Trump’s nominee for Attorney General, Pamela Bondi, had a contentious exchange with Sen. Alex Padilla (D-Calif.) about 2020 election denialism and the 14th Amendment’s guarantee of birthright citizenship. Bondi was evasive and tried to waste time through rambling answers instead of directly answering Padilla’s questions. However, it was her non-answer to the question about the 14th Amendment that spoke loudest.
Padilla asked the following question, “Now when we met yesterday, you did not seem to be familiar with the citizenship clause [of] the 14th Amendment of the United States of America, which was deeply disappointing. And I’m hoping you are more familiar with it today after I gave an opportunity to study it overnight. So can you tell me at this committee what the citizenship clause of the 14th Amendment says?”
This is an extremely straightforward question. Although I wouldn’t expect anyone to be able to recite all of the text of all of the Amendments of the Constitution verbatim from memory, Bondi gave a stonewalling non-answer that was very telling. “Senator, I’m here to answer your questions. I’m not here to do your homework and study for you. If I’m confirmed as Attorney General,” at which point the senator repeated his question and tried to press her for an answer. The only answer that she ended up giving on this topic was a pathetic, “Senator, the 14th Amendment we all know addresses birthright citizenship…. I didn’t take your homework assignment: I’m sorry I was preparing for today.”
Although Bondi’s answer made her sound like a student who is giving a book report on a book they didn’t read, I am certain that she knows exactly what the 14th Amendment says. Padilla, to his credit, did not fall for Bondi’s attempted dodge. He asked point blank, “So now on the 14th Amendment, you’ve testified repeatedly to this committee that you will uphold the laws of this country and defend the Constitution of the United States. Do you believe birthright citizenship is the law of the land and will you defend it regardless of a…child born in the United States, regardless of their parents’ immigration status?”
Again, Bondi’s lack of a direct response tells you everything you need to know. “Senator, I will study birthright citizenship. I would love to meet with you regarding birthright citizenship.” Bondi does not have the courage to own up to the fact that she and the administration that she is applying to work for will put into practice an illegal set of policies designed to contravene the 14th Amendment’s citizenship clause and deny U.S. citizenship to children born in the U.S. to undocumented parents. She does not want to say the text of the 14th Amendment out loud because it’s really quite unambiguous.
For reference, the Citizenship Clause of the 14th Amendment says, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” Children who are born in the U.S. to undocumented parents are subject to the jurisdiction of U.S. laws. Therefore, they are citizens. It couldn’t be any more straightforward. As I wrote about previously, the conservative legal “theory” that these children are not subject to the jurisdiction of the U.S. and are therefore not citizens is completely ludicrous and incoherent. I also recently wrote about the dystopian nightmare that would be created if Donald Trump is allowed to bring this incoherent theory into practice. With Trump’s inauguration looming next week, it is important that we understand what Bondi’s role would be in the push to end birthright citizenship in the U.S.
As Attorney General, Bondi would be a key player in Trump’s Push to end birthright citizenship and shred the 14th Amendment
There are three key roles Bondi would play as Attorney General in Donald Trump’s plan to destroy the 14th Amendment. First, the Attorney General is the head of the U.S. Department of Justice’s Office of Legal Counsel. The OLC is a critical part of any administration that many Americans may not be aware of. As the OLC’s website says, “The Office drafts legal opinions of the Attorney General and provides its own written opinions and other advice in response to requests from the Counsel to the President, the various agencies of the Executive Branch, and other components of the Department of Justice…. All executive orders and substantive proclamations proposed to be issued by the President are reviewed by the Office of Legal Counsel for form and legality, as are various other matters that require the President’s formal approval.” (emphasis added).
As Attorney General, Bondi will be responsible for issuing OLC legal memos and reviewing the legality (or illegality) of Trump’s executive orders. Although OLC legal memos are only advisory in nature, they can have powerful effects. We are still living under the shadow of the 1973 OLC memo that concludes that a sitting President is immune from criminal prosecution. OLC memos create legal cover and justification for agencies to take action. Further, Bondi would be theoretically responsible for signing off on the constitutionality of any Trump executive orders that contravene the 14th Amendment. Her statement that she has to “study” the 14th Amendment is hard to believe because I would not be surprised to find out that they have a legal memo and executive orders already drafted and ready to go that will start the attack on birthright citizenship as soon as Trump takes office. We can assume that behind closed doors, she has already signed off on Trump’s illegal plan to deny citizenship to children of undocumented parents.
Second, the Attorney General sits at the top of the Executive Office for Immigration Review, which is commonly referred to as “Immigration Court.” The EOIR is the arm of the government that carries out removal proceedings, i.e., deportation proceedings. In a previous piece for Common Dreams, I wrote about a nightmare scenario where the federal government would begin to detain and deport people born in the U.S. with undocumented parents. As Attorney General, Bondi would be instrumental in this as her office would be carrying out these proceedings under the flagrantly incorrect notion that these people born in the U.S. are not citizens.
Third, the AG controls the Office of the Solicitor General (OSG). The OSG is the arm of the Executive Branch that will defend Trump’s policies in court against the inevitable legal challenges that they will draw. Of course, as I previously wrote, these policies are intentionally designed to draw legal challenges and make their way to the corrupt U.S. Supreme Court. If the Supreme Court overturns birthright citizenship despite the incredibly clear language of the 14th Amendment, it will be because of the arguments put forward by Bondi’s attorneys who are part of the Office of the Solicitor General and the Department of Justice. If birthright citizenship in the U.S. is erased, it will be because of Pam Bondi.
Bondi’s response that she would have to “study” the 14th Amendment is a lie. She is lying to cover up the fact that she will be a key player in Trump’s plans to shred the 14th Amendment and abrogate his oath of office. Just let that sink in. She is lying at her confirmation hearing because she knows that she will be a major part of the incoming administration’s effort to break the law by ignoring the plain text of the U.S. Constitution. Her nomination should be opposed unanimously, but of course, we cannot count on any Republicans in the Senate to do the right thing, ever. We need to keep a clear moral perspective and never let them forget what they have done if they are successful in confirming Bondi and destroying the 14th Amendment’s guarantee of birthright citizenship in the U.S.
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