Trump's birthright citizenship order challenged in lawsuit

WASHINGTON (OSV News) -- A coalition of advocacy groups led by the American Civil Liberties Union filed a federal lawsuit Jan. 20 challenging President Donald Trump's Day 1 executive order seeking to change the interpretation of the 14th Amendment, which grants birthright citizenship.

Catholic immigration advocates praised the challenge to that order, with some expressing concern about Trump's immigration actions more broadly.

As part of a series of Day 1 actions, Trump signed executive orders to implement some of his signature hardline immigration policies, including one seeking to end the practice of birthright citizenship.

The 14th Amendment states, "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," but Trump told reporters in the Oval Office "we're the only country in the world that does this."

As has been reported in various media, the United States is one of at least 30 countries, including Canada and Mexico, in which the principle of "jus soli" or "right of soil" applies, which grants citizenship without restrictions, regardless of the immigration status of the parents.

Trump's order directed federal agencies to stop issuing passports, citizenship certificates and other official documents to children born in the U.S. to parents without legal status or temporary visa holders. The order would not apply retroactively, Trump said, and would be enforced in 30 days.

A lawsuit by the ACLU challenged that order almost immediately after it was signed.

"Denying citizenship to U.S.-born children is not only unconstitutional -- it's also a reckless and ruthless repudiation of American values," Anthony D. Romero, executive director of the ACLU, said in a statement. "Birthright citizenship is part of what makes the United States the strong and dynamic nation that it is. This order seeks to repeat one of the gravest errors in American history, by creating a permanent subclass of people born in the U.S. who are denied full rights as Americans.

"We will not let this attack on newborns and future generations of Americans go unchallenged. The Trump administration's overreach is so egregious that we are confident we will ultimately prevail."

J. Kevin Appleby, senior fellow for policy at the Center for Migration Studies of New York and the former director of migration policy for the U.S. Conference of Catholic Bishops, told OSV News Jan. 21 that while "it is likely that the courts will strike it down, Trump's birthright citizenship executive order would essentially create a large stateless population in the country without the full rights and protections given to citizens."

"It would primarily harm children and is another attempt to divide the country and create a permanent underclass," he said. "How cruel."

The Catholic Legal Immigration Network Inc., or CLINIC, issued a statement Jan. 21 condemning Trump's immigration orders, which also included the suspension of a task force to reunite families deliberately separated at the border. Another order suspended some U.S. refugee programs, including one for Afghans cleared by the U.S. government to resettle in the U.S. due to threats by the Taliban after they aided the U.S.

"As Catholics, we are called to uphold the dignity of every person, regardless of where they come from," Anna Gallagher, CLINIC executive director, said in a statement. "These dehumanizing executive orders contradict our core values of compassion, justice, and the biblical mandate to welcome the stranger. They threaten the very fabric of our society and the protections that have long made the United States a beacon of hope for immigrants and refugees."

Gallagher added, "Now, more than ever, we must come together as people of faith and conscience to resist policies that marginalize and dehumanize our immigrant brothers and sisters. CLINIC will continue to work tirelessly to ensure that immigrants and refugees are treated with the respect and care they deserve."

Hardline immigration policies, including his call for mass deportations, were a core tenant of the platform Trump campaigned on. While the specifics on how the White House may carry out a mass deportation program are not yet fully clear, mass deportations more broadly run contrary to the Second Vatican Council's teaching in "Gaudium et Spes" condemning "deportation" among other actions, such as abortion, that "poison human society" and give "supreme dishonor to the Creator," a teaching St. John Paul II affirmed in two encyclicals on moral truth and life issues.

Executive orders are legally binding directives from the president and are published in the Federal Register. Conversely, the term "executive actions" is broader and may include informal proposals for policy the president would like to see enacted. While it is typical for new presidents to issue some executive orders on their first day to signal certain priorities, Trump signaled plans that were broader in scope. Some of Trump's other orders are expected to face legal challenges.

"It's one thing to sign executive orders, but quite another to implement them," Appleby said. "Trump cannot simply wave his magic wand and they will happen. There will be resistance to these policies among advocates, faith groups, state and local jurisdictions, the courts and members of Congress. The fight has just begun."