Washington, DC – The legal pushback against US President Donald Trump's second term has begun, with human rights groups and state governments launching a blistering attack on Republicans' day-one decision to overhaul birthright citizenship.
Late Monday, groups including the American Civil Liberties Union (ACLU) and the Legal Defense Fund filed a lawsuit calling Trump's actions unconstitutional, a case that could test the limits of his executive power.
On Tuesday, 18 states filed similar lawsuits seeking to put the order on hold.
The documents are just two of several legal challenges that will face a record 26 executive orders Trump signed on Monday, shortly after taking office.
In addition to seeking to end birthright citizenship, the policy that grants U.S. citizenship to all people born in the United States, Trump signed orders declaring a national emergency at the southern border, canceling federal diversity programs, and ending federal recognition of transgender identities. .
The 26 executive orders are among 42 presidential actions, including memos and proclamations, taken by Trump on his first day in office, according to White House officials.
Cody Wolfsey, deputy director of the American Civil Liberties Union's Immigrant Rights Project, said in a statement that Trump's decision on birthright citizenship violates the protections guaranteed by the Fourteenth Amendment to the U.S. Constitution.
"Our Constitution guarantees birthright citizenship, which is absolutely core to what America stands for," said Wolfsey, the lead attorney on the case for the American Civil Liberties Union.
“Denying citizenship to babies born on U.S. soil is unlawful, extremely cruel, and goes against our values as a nation.”
California Attorney General Rob Bonta spoke at a press conference on Tuesday, condemning Trump for starting his second term "by overturning one of our nation's fundamental, long-standing rights and ignoring our nation's governing documents." term.
“I have a message for President Trump: See you in court,” Bonta said.
Trump's order would deny citizenship to babies born in the United States to undocumented parents or parents holding temporary work visas. It further directs federal agencies not to issue or accept documents “recognizing U.S. citizenship” for children born to such parents.
At issue is the interpretation of the Fourteenth Amendment, ratified in 1868. It states that "all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States."
Trump's executive order holds that people born to undocumented parents or holding temporary visas are outside the "jurisdiction" of the United States and therefore excluded from citizenship.
But the American Civil Liberties Union and other rights groups argued that it violated Supreme Court precedent. In 1898, the Supreme Court ruled that children born in the United States to immigrant parents were actually entitled to U.S. citizenship.
The lawsuit was filed on behalf of three organizations that "under the order, babies born on U.S. soil will be stripped of their citizenship."
“Birthright citizenship is the cornerstone of our democracy,” said Theo Oshiro, co-executive director of Build Roads New York, one of the plaintiff groups.
"Our members come from all over the world to create vibrant communities, loving families and build this country for generations. Denying their children the same basic rights as all other children born in America is a violation of fairness, equality and An affront to the fundamental value of tolerance,” he added.
During Tuesday's press conference, Bonta also expressed concern that Trump's order violated not only the U.S. Constitution but also the Immigration and Nationality Act of 1952.
"I want to be clear that this is not a theoretical legal disagreement that I have with the president," Bonta said. "If this order is allowed to stand, it will endanger thousands of American citizens, real children and families born next year who are just trying to live in peace."
Bonta continued that people who are stripped of their U.S. citizenship under this order will lose their ability to legally work in the United States, obtain passports, and access other government services.
"Children will be forced to live under the threat of deportation, and the fear, anxiety and trauma of this alone is extremely damaging to their mental and emotional well-being," Bonta said.
Litigation over executive action may result in orders being delayed, scaled back, or ruled to exceed the scope of presidential authority. Many actions can only be implemented through congressional legislation.
In cases where executive orders make their way through lower courts and ultimately reach the U.S. Supreme Court, the resulting decisions may affect constitutional interpretation of the executive branch's jurisdiction.
In addition to the birthright citizenship lawsuit, Trump faces challenges to other executive orders he signed on his first day in office. He is expected to face a series of legal proceedings in the coming weeks.
Late Monday, for example, the National Treasury Employees Union (NTEU) launched a legal challenge to Trump's order making it easier for the federal government to lay off career employees, Bloomberg reported.
In a statement to Bloomberg, NTEU national president Doreen Greenwald accused Trump’s order of being “an attempt to exercise political loyalty on the part of everyday federal employees who have sworn to uphold the Constitution and serve our country.” degree test”.
The NTEU said this was a breach of civil service law.
A separate lawsuit filed by the National Security Adviser's law firm alleges that the Department of Government Effectiveness (DOGE), which was formally established by Trump's executive order on Monday, violated existing law.
Trump established DOGE as a non-governmental agency aimed at cutting government bureaucracy and spending. He appointed billionaire Elon Musk to run it.
But DOGE will operate as a "federal advisory committee" to the government and, as such, must abide by certain rules related to disclosures and hiring, the lawsuit said.