President Donald Trump’s new executive orders restricting birthright citizenship have been hit with court challenges from the same groups who successfully challenged his earlier attempt.
CASA, Inc. and Barbara (the pseudonym of an anonymous pregnant immigrant) each filed motions in federal court against the Trump administration Tuesday, seeking to halt Trump’s August 6 executive orders targeting “birth tourism” and limiting the Forteenth Amendment’s application.
CASA was supported by the Asylum Seeker Advocacy Project and the Institute for Constitutional Advocacy and Protection. Barbara is supported by groups including the American Civil Liberties Union, the NAACP, Democracy Defenders, and Asian Law Caucus, who argue that the Supreme Court’s June ruling against Trump’s previous attack on birthright citizenship prevented any “revisions” regarding legal exceptions.
“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,” Barbara’s lawsuit states. “And nothing requires this Court to countenance the continued assault on this foundational constitutional principle or issue an endless string of EO-specific injunctions.”
The new order restricting the Fourteenth Amendment tells government agencies not to “issue documents recognizing United States citizenship” to diplomats in the U.S., the children of alleged members of “terrorist organizations,” people who are completing a “commercial transaction” to ensure a child is born on U.S. soil, and certain people born in U.S. territories.
The executive orders were already long shots to survive legal challenges, considering that they’re using many of the same legal arguments that the Supreme Court struck down in June.
In a statement Tuesday, Aarti Kohli, executive director of the Asian Law Caucus, said the White House “is just throwing everything at the wall to see what sticks.”
“Immigrant communities know that our rights are on the line, especially when the government uses us as scapegoats,” Kohli said. “The Trump administration already lost once, and it will lose again.”
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