HomeImmigrationUpdate: Trump signs executive order ending birthright citizenship

Update: Trump signs executive order ending birthright citizenship

By Randall Yip, Executive Editor

President Trump tonight signed an executive order to ban birthright citizenship, but a coalition of legal groups has already announced it will sue to stop the ban.

An incoming White House official this morning signaled the Trump administration’s intent this morning during a press briefing attended by AsAmNews.

“The federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the United States,” the official said speaking on background during a teleconference.

Birthright citizenship in the United States has been the law of the land since 1898 when Wong Kim Ark of San Francisco won his case in the U.S. Supreme Court.

Born in 1873 in San Francisco, immigration authorities denied Wong reentry into the country following a visit to China. He then successfully sued.

The right of citizenship to any child born in the United States is protected by the 14th amendment.

“An executive order cannot override the Constitution. So we see this as an attempt to cause panic and fear in our immigrant communities,” said Martin Kim, director of immigration advocacy for Asian Americans Advancing Justice-AAJC. “We’re prepared to protect our rights and all options for us, including litigation, are on the table.”

Trump had threatened to end birthright citizenship during his campaign, but constitutional experts question whether he could legally do that since changes to the constitution can only be proposed by two-thirds of the House and Senate and then approved by 38 of 50 states.

The American Civil Liberties Union, ACLU of New Hampshire, ACLU of Maine, ACLU of Massachusetts, Asian Law Caucus, State Democracy Defenders Fund, and Legal Defense Fund tonight filed a lawsuit to challenge the executive order.

“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,” said Anthony D. Romero, executive director of the American Civil Liberties Union.  

California Attorney General Rob Bonta has also indicated he plans to sue and the Congressional Tri-Caucus joined in the condemnation.

“We cannot allow President Trump and Congressional Republicans to go down this dangerous path that undermines the principles of equality and justice that our nation was built upon,”it said in a joint statement.

“Congressional Democrats and the Chairs of the Congressional Black Caucus, Congressional Hispanic Caucus, and Congressional Asian Pacific American Caucus are ready to stand up to any attempts that undermine the Constitution and roll back fundamental civil rights.”

The same incoming White House official claiming a “mandate” from the election also announced this morning that the Trump administration would also be ending asylum and suspending refugee resettlement for at least four months.

“We are going to end asylum and close the border to illegals via proclamation, which creates an immediate removal process without possibility of asylum.”

Trump also plans to declare a national emergency at the border. The official said he plans to deploy military forces to the border as well as erect physical barriers including finishing the border wall he promised during his first administration.

The official said it had not yet been determined how many troops would be sent to the border.

“This is not normal politics,” said Kim to AsAmNews. “What I would say to our community members, keep monitoring, get involved, take action. Remember that there are many, many organizations, including AAJC and a lot of our partner organizations who are fighting for these rights and are pushing back against these policies.”

(Correction: An earlier version of this story incorrectly explained the process of ratifying a constitutional amendment).

AsAmNews is published by the non-profit, Asian American Media Inc.

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