WASHINGTON, DC – Legal backlash against President Donald Trump’s second term begins, with rights groups and state governments firing early salvos against Republicans’ Day One decision to overhaul birthright citizenship. went.
Late Monday, groups including the American Civil Liberties Union (ACLU) and the Legal Defense Fund filed a lawsuit alleging Trump’s actions are unconstitutional, in a case that is likely to test the limits of his executive power.
On Tuesday, 18 states filed similar lawsuits seeking to overturn the order.
The filings are just two of several legal challenges President Trump will face over a record 26 executive orders he signed on Monday, his first day in office.
In addition to calling for an end to birthright citizenship (a policy that grants U.S. citizenship to anyone born in the U.S.), President Trump has declared a national emergency at the southern border and cut back on federal diversity programs. He also signed an order to roll back and end federal recognition of transgender identity. .
The 26 executive orders were among 42 executive actions, including memorandums and proclamations, that Trump took on his first day in office, White House officials said.
Cody Wofsy, deputy director of the ACLU Immigrant Rights Project, argued in a statement that President Trump’s decision to target birthright citizenship violates the protections guaranteed by the 14th Amendment.
“Inherent citizenship rights are guaranteed in the Constitution and are absolutely central to what America stands for,” said Wofsy, lead attorney on the ACLU lawsuit.
“Denying citizenship to babies born on U.S. soil is illegal, extremely cruel, and contrary to our national values.”
California Attorney General Rob Bonta also criticized President Trump for starting his second term “by overthrowing one of our country’s long-standing fundamental rights and ignoring our governing documents,” at a news conference Tuesday. did.
“I have a message for President Trump: I’ll see you in court,” Bonta said.
“The cornerstone of our democracy”
President Trump’s order would deny citizenship to infants born on U.S. soil to undocumented parents or parents on temporary work visas. It also directs federal agencies not to issue or receive documents “admitting U.S. citizenship” to children born to such parents.
At issue is the interpretation of the 14th Amendment to the United States Constitution, ratified in 1868. That article provides that “all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States.”
President Trump’s executive order asserts that people born to undocumented parents or on temporary visas are excluded from citizenship because they are not subject to U.S. “jurisdiction.”
But the ACLU and other rights groups say this runs counter to Supreme Court precedent. In 1898, the Supreme Court ruled that children born to immigrant parents in the United States were indeed entitled to U.S. citizenship.
The lawsuit was filed on behalf of three organizations “whose members are subject to the order revoking the citizenship of babies born in the continental United States.”
“Inherent citizenship is the foundation of our democracy,” said Theo Oshiro, co-executive director of Make the Road New York, one of the plaintiff groups.
“Our members from around the world have built vibrant communities and loving families that have built this country over generations. Like every other child born in the United States, “Denying children fundamental rights is an affront to fundamental values of fairness, equality and inclusion,” he added.
During Tuesday’s press conference, Bonta also addressed concerns that Trump’s order violates 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 difference with the president,” Bonta said. “If left in place, this order will put at risk thousands of Americans born next year, as well as real children and families trying to live in peace.”
People stripped of their U.S. citizenship under this order will lose their ability to legally work in the U.S., obtain a passport, and access other government services, Bonta continued.
“Children are forced to live under the threat of deportation, and the fear, anxiety and trauma alone takes a huge toll on their mental and emotional health,” Bonta said.
DOGE, Federal Employee Actions
Litigation over executive actions could lead to orders being delayed or curtailed, or determined to be outside the scope of presidential authority. Many measures can only be enacted by parliamentary legislation.
When executive orders reach the U.S. Supreme Court through lower courts, the resulting rulings can shape the constitutional interpretation of the executive branch’s jurisdiction.
In addition to the birthright citizenship lawsuit, President Trump also faces challenges to other executive orders he signed on his first day in office. He is expected to face a flurry of legal action in the coming weeks.
For example, late Monday, Bloomberg reported that the National Treasury Employees Union (NTEU) launched a legal challenge to President Trump’s order making it easier to fire career federal employees.
In a statement to Bloomberg, NTEU National President Doreen Greenwald denounced President Trump’s order as “imposing a political loyalty test on rank-and-file federal employees sworn to uphold the Constitution and serve our country.” .
That would violate the Civil Service Act, NTEU said.
A separate lawsuit filed by the law firm National Security Counselors accuses the Department of Government Efficiency (DOGE), which was formally created by Trump’s executive order Monday, of violating existing law.
President Trump had created DOGE as a non-governmental agency to reduce government bureaucracy and spending. He appointed billionaire Elon Musk to run it.
But the lawsuit argues that DOGE operates as a “federal advisory board” to the government and must follow certain disclosure and hiring rules.