A federal lawsuit challenges a new executive order attempting to revoke birthright citizenship for children born in the U.S. to parents lacking permanent legal status. This action, deemed “flagrantly illegal,” contradicts the 14th Amendment and established Supreme Court precedent affirming birthright citizenship. Multiple lawsuits, including one from Massachusetts, argue the order violates the Constitution and infringes upon the rights of American-born children, potentially denying them essential benefits and protections. The plaintiffs seek immediate injunctions against the order, emphasizing that the Constitution, not presidential decree, determines citizenship.
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The ACLU filed suit against President Trump’s executive order attempting to revoke birthright citizenship, arguing it directly contradicts the 14th Amendment’s guarantee of citizenship to all persons born in the U.S. The suit, filed in New Hampshire on behalf of affected families, claims the order violates both the 14th Amendment and the Administrative Procedures Act. While the administration acknowledged potential legal issues by suggesting a prospective application of the order, the ACLU maintains the order is unconstitutional and a repudiation of American values. The ACLU is confident of prevailing in its challenge to this executive action.
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President Trump’s executive order attempting to end birthright citizenship is unconstitutional, directly contradicting the 14th Amendment and established Supreme Court precedent, most notably *United States v. Wong Kim Ark*. The order’s immediate legal challenges have a high likelihood of success, despite the current Supreme Court’s conservative leaning. Even the justices in *Plessy v. Ferguson*, known for its racist ruling, upheld birthright citizenship in *Wong Kim Ark*, demonstrating the strength of the 14th Amendment’s clear language. The continued assertion of birthright citizenship reaffirms the nation’s commitment to legal equality for all born within its borders.
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President Trump plans to issue a series of executive orders on his first day in office addressing immigration. Key actions include ending birthright citizenship for children of undocumented immigrants, despite potential legal challenges stemming from the 14th Amendment. Additionally, the orders will reinstate the “Remain in Mexico” policy, end “catch and release,” and declare a national emergency at the border, authorizing the deployment of armed forces for border wall construction. Further measures include suspending refugee resettlement, increasing migrant vetting, and designating certain criminal organizations as global terrorists.
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President Biden has voiced his strong disapproval of President-elect Trump’s intention to eliminate birthright citizenship in the United States. He described the idea as “awful,” highlighting the profound implications of such a move.
The cornerstone of this sentiment rests on the fundamental belief that the U.S. is a unique multicultural nation, and this diversity is a significant source of its strength. Altering birthright citizenship would fundamentally undermine this very essence.
Biden questioned the very logic of such a proposition. He pointed out the inherent contradiction in denying citizenship to individuals born within the country’s borders, questioning what principles would then define citizenship.… Continue reading
Protests in Washington D.C. are urging Congress to prevent President-elect Trump’s inauguration, citing the 14th Amendment’s disqualification clause for those who engaged in insurrection. While some legal experts argue this action is constitutionally permissible, based on Trump’s actions surrounding the January 6th Capitol riot, the movement, “14th Now,” is unlikely to sway Congress, which intends to certify the election results. Despite legal challenges in state courts, the Supreme Court prevented states from barring presidential candidates, leaving the question of Trump’s eligibility unresolved. Trump’s transition team maintains he will serve all Americans.
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Thousands are protesting in Washington D.C. this weekend to prevent Donald Trump’s inauguration, arguing that the 14th Amendment bars him from office due to his involvement in the January 6th Capitol riot. Led by Trump’s former staffer Jessica Denson and supported by legal experts, the “#14thNow” movement aims to pressure lawmakers to reject Trump’s electoral votes. Success would result in Vice President Kamala Harris becoming president. Legal scholars contend that sufficient congressional objection to Trump’s electoral votes, based on the 14th Amendment and the findings of the January 6th Committee, could disqualify him.
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Following Donald Trump’s 2024 election victory, legal scholars Evan Davis and David Schulte argued that Democrats could constitutionally block his certification based on his alleged involvement in the January 6th insurrection, citing the 14th Amendment. Their argument centers on the amendment’s disqualification clause for those who have engaged in insurrection against the United States. While the Supreme Court rejected a state’s attempt to bar Trump from the ballot, Davis and Schulte contend that Congress retains the power to act on this constitutional ground during certification. Despite this proposal, leading Democrats have thus far rejected any efforts to block Trump’s inauguration.
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Despite repeated attempts by former President Trump to eliminate birthright citizenship via executive order, this is constitutionally impossible. The 14th Amendment explicitly grants citizenship to all persons born in the U.S. and subject to its jurisdiction, a principle affirmed repeatedly by the Supreme Court. Attempts to overturn this would require a constitutional amendment, not executive action. This right applies equally to children of all parents, regardless of immigration status, reflecting a foundational aspect of American equality.
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