Bonta claims order violates 14th Amendment, Immigration and Nationality Act
California Attorney General Rob Bonta filed a lawsuit along with 17 other states’ Attorneys General on Monday against President Donald Trump over his executive order seeking to end birthright citizenship, claiming that it violates the 14th Amendment.
Birthright citizenship, where anyone born in the United States automatically becomes a citizen, has been defended for decades as being part of the 14th Amendment. The ACLU has said that the Citizenship Clause of the Amendment, which states that “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,” protects birthright citizenship.
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However, the practice has also been argued against by those favoring a tighter border and reducing illegal immigration. Many have contended that the practice has been heavily abused for decades, with many migrants getting around legal immigration pathways by having an “anchor baby” to stay in the U.S. legally. Others have noted that only 33 countries in the world, including the United states, have unrestricted birthright citizenship, with another 32 having restricted birthright citizenship of some kind. And in recent years, there has been a growing legal argument stating that birthright citizenship isn’t protected by the 14th Amendment.
With the worst border crisis in American history occurring under the Biden administration, Trump ran a presidential campaign focused heavily on border and illegal immigrant reform. Trump made many campaign promises, including sealing the border with Mexico to counter drug smuggling and crime, beginning a mass deportation program of illegal aliens, ending Biden’s “catch and release” policy, reimplementing his “remain in Mexico” policy, and ending birthright citizenship. Following his election in November, Trump then vowed to make many of his promises laws on day one through executive orders.
On Monday, President Trump was true to his word, signing seven executive orders on immigration and border policies. This included ending birthright citizenship, meaning that the children of migrants in the U.S. either illegally or with a temporary visa will not automatically be made American citizens. In his Executive Order signed on Monday, Trump argued that the 14th Amendment has never been interpreted to extend citizenship to everyone born in the country.
“But the Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States,” the order said. “The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof.’ Consistent with this understanding, the Congress has further specified through legislation that ‘a person born in the United States, and subject to the jurisdiction thereof” is a national and citizen of the United States at birth.”
Trump’s birthright citizenship Executive Order
The Executive Order then clarified the new policy:
“It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”
The new Executive Order was almost immediately challenged later in the day by the ACLU, which sued the Trump administration in a New Hampshire federal court. It was then followed up on Tuesday by Bonta’s lawsuit, which also included the Attorneys General of 17 other states, the District of Columbia, and the city of San Francisco. In his argument against the Executive order, Bonta said that all children born on U.S. soil are automatically granted U.S. citizenship under the 14th Amendment. He further stated that Trump’s order not only violates the 14th Amendment, but also Section 1401 of the Immigration and Nationality Act. In addition, Bonta and the others asked the court to block the Executive Order from going into effect while it is being played out in court.
















