22 Democratic-led states, along with civil rights organisations, have filed multiple lawsuits aimed at blocking his controversial move to roll back birthright citizenship.
The lawsuits represent the first major court clash of Trump’s presidency and come just a day after his inauguration.
Trump, a Republican, issued an executive order on Monday directing US agencies to refuse to recognise the citizenship of children born in the US if neither parent is a US citizen or legal permanent resident. This directive targets a central component of Trump’s broader immigration agenda.
The lawsuits, filed in federal courts in Boston and Seattle, argue that Trump’s order violates the US Constitution.
In total, 22 states, the District of Columbia, and the city of San Francisco are seeking to block the executive order, asserting that it undermines constitutional rights.
The American Civil Liberties Union (ACLU), immigrant advocacy groups, and an expectant mother also filed lawsuits in the wake of Trump’s announcement.
Massachusetts Attorney General Andrea Joy Campbell, in a statement, emphasised the far-reaching implications of the order
“If allowed to stand, Trump’s order would deny over 150,000 children born annually in the United States the right to citizenship,” she said. “President Trump does not have the authority to take away constitutional rights.”
The lawsuits argue that denying citizenship would also deprive these individuals of access to essential federal programs such as Medicaid, as well as the ability to work legally or vote when they come of age.
New Jersey Attorney General Matthew Platkin echoed this sentiment, stating, “Today’s immediate lawsuit sends a clear message to the Trump administration that we will stand up for our residents and their basic constitutional rights.”
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While the White House has yet to respond to requests for comment, the legal challenges are expected to continue, with more cases anticipated to contest other aspects of Trump’s immigration policies.
The lawsuits span several regions, with three filed in Massachusetts and New Hampshire. Any rulings from these New England courts would be reviewed by the 1st US Circuit Court of Appeals, which is composed entirely of Democratic appointees.
A separate case was filed in Washington state, where the 9th U.S. Circuit Court of Appeals holds jurisdiction.
US District Judge John Coughenour in Seattle is scheduled to hear arguments on Thursday regarding a potential temporary restraining order against the executive order.
A fifth lawsuit was filed in Maryland by CASA, an immigrant rights group, along with a group of pregnant women, including one identified only as “O. Doe,” a woman from Massachusetts with temporary protected status who is due to give birth in March.
Temporary protected status (TPS) grants refuge to people from countries facing extraordinary crises such as natural disasters or armed conflicts, with more than 1 million TPS holders currently in the U.S.
The legal challenges reference the US Supreme Court’s 1898 ruling in United States v. Wong Kim Ark, which affirmed that children born in the U.S. to non-citizen parents are entitled to citizenship under the 14th Amendment’s Citizenship Clause.
In addition to the birthright citizenship lawsuits, other legal battles are underway against various parts of Trump’s early executive actions.
The National Treasury Employees Union has filed a lawsuit against an order signed by Trump that makes it easier to fire federal employees and replace them with political appointees loyal to the administration.