Trump's move to curb birthright citizenship faces legal challenge

President Donald Trump's latest executive action aimed at restricting birthright citizenship faces a legal challenge from the American Civil Liberties Union and other immigration advocacy groups. Filed before a New Hampshire federal judge, the challenge targets an executive order signed on Aug. 6. Lawyers argue this order violates an existing injunction that currently bars the administration from denying citizenship to babies born to mothers with temporary visas or undocumented migrants in the U.S. illegally.

The groups, which previously defeated Trump's earlier attempts to curb birthright citizenship, asked the judge to declare the new executive order illegal. They contend that if the president issues multiple orders seeking to create exceptions to the Citizenship Clause, all such orders would be equally unlawful. The plaintiffs seek a clear ruling from the court that the administration cannot revoke birthright citizenship for individuals under the guise of these or any other executive actions.

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If the president issues 100 orders seeking to create new exceptions to the sacred guarantee of the Citizenship Clause, all 100 will be equally illegal.

This legal battle comes after the Supreme Court previously struck down an earlier attempt by the Trump administration to alter long-standing guarantees for children born in the U.S. to non-citizens. The ACLU and its allies are committed to defending birthright citizenship, asserting that the president cannot unilaterally change constitutional guarantees through executive orders.

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The court should make clear that defendants may not take away class members' birthright under the auspices of these or any other executive actions.