A federal judge in Maryland is scheduled to hear arguments regarding the temporary suspension of President Trump’s executive order that aims to eliminate birthright citizenship for children born in the U.S. to parents who are undocumented immigrants.
This executive action, issued in the first week of Trump’s presidency, is currently stalled nationwide due to a related lawsuit filed by four states in Washington state, where a judge described the order as “blatantly unconstitutional.” The legal response has been considerable, with a total of 22 states and several organizations filing lawsuits to contest the executive order.
U.S. District Judge Deborah Boardman will preside over the proceedings in Baltimore, where immigrant-rights groups such as CASA and the Asylum Seeker Advocacy Project, along with expectant mothers, are presenting their case.
Central to the case is the 14th Amendment, which was ratified in 1868 after the Civil War and aimed to grant citizenship to former slaves and free African Americans. The plaintiffs contend that birthright citizenship is an essential aspect of American democracy, having fostered a sense of national unity for generations of citizens.
In response, the Trump administration maintains that the offspring of noncitizens do not fall under U.S. jurisdiction and thus should not be granted citizenship. The government argues that the Constitution doesn’t provide automatic citizenship to children of individuals who have disobeyed immigration laws.
The 14th Amendment clearly articulates that “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States.” This legal guarantee was established to address citizenship rights in the wake of the Civil War and remains a pivotal point in the current legal debates.
In addition to the coalition of 22 states with Democratic attorneys general opposing the presidential order, 18 Republican attorneys general have recently announced their intention to support the order by joining a federal lawsuit taking place in New Hampshire.
In the U.S., which is one of roughly 30 nations that uphold the principle of birthright citizenship—also known as jus soli or “right of the soil”—this policy is most commonly found in the Americas, including countries like Canada and Mexico.
During his first week in office, Trump implemented 10 executive orders focused on immigration, promoting policies aimed at mass deportations and enhanced border security. Some directives prompted immediate actions, while others faced legal opposition, potentially taking years to materialize, creating anxiety within immigrant populations.
The feasibility of Trump’s immigration policy agenda may ultimately hinge on financial resources. Congress is likely to deliberate over funding options soon, and there’s speculation that Trump might employ emergency powers to access Defense Department funds, similar to his approach during his prior term for financing a border wall.
