Court asked to block Trump's second executive order on birthright citizenship
ACLU urges federal court to stop Trump's new executive order, arguing it defies Supreme Court ruling on birthright citizenship.
A federal court in New Hampshire has been asked to block President Donald Trump's second executive order targeting birthright citizenship, with the same legal team that previously challenged the president's initial bid arguing the new order violates a Supreme Court ruling.
The American Civil Liberties Union (ACLU) filed a motion Tuesday seeking a judicial clarification that the Supreme Court's June decision, which affirmed birthright citizenship, also prevents the president from enacting a second executive order aimed at denying citizenship to specific groups of children born on U.S. soil.
Attorneys for the ACLU, representing a class of potentially affected immigrant families, contend that the new order, signed last week, attempts to create exemptions not recognized by the Supreme Court. The order seeks to deny citizenship to children born to "alien enemies," foreign government employees, parents who engaged in a commercial transaction to obtain citizenship, or those born in territories where citizenship is not statutorily conferred.
"Nothing requires this Court to countenance the continued assault on this foundational constitutional principle or issue an endless string of EO-specific injunctions," the ACLU attorneys wrote in their motion. They are asking the court to declare that the president cannot use executive actions to circumvent birthright citizenship for these groups.
The Supreme Court's 6-3 decision in June affirmed that citizenship is primarily determined by the place of birth, irrespective of parentage. While the ruling acknowledged four existing exceptions—children of ambassadors, those born on foreign public ships, children of occupying enemy forces, and members of Indian tribes—Justice Brett Kavanaugh's concurring opinion indicated these exceptions were considered a closed set, leaving little room for additional interpretations based on subsequent circumstances.
Chief Justice John Roberts' majority opinion emphasized that the "place of nativity" was the key determinant for citizenship. The Trump administration, however, argues that the categories outlined in the second executive order fall within acceptable legal interpretations of exemptions from birthright citizenship, as presented by the president's legal team.
This latest legal challenge comes as the president's second executive order is scheduled to take effect on September 6. The ACLU's motion asserts that the exemptions specified in the order are not present in the U.S. Constitution or federal citizenship law, thus seeking to prevent its implementation.
President Trump's initial attempt to end birthright citizenship through executive action was previously rejected by the Supreme Court. The administration's subsequent executive order represents a renewed effort to alter the established interpretation of the 14th Amendment's citizenship clause, prompting further legal scrutiny.
This article was written by AI based on publicly available news reporting. Original reporting by the linked source.
