Lawyers for the American Civil Liberties Union (ACLU) are seeking to block President Donald Trump's recent executive orders that restrict birthright citizenship for the children of foreign diplomats and limit "birth tourism." The filing asks a federal judge to issue a new injunction or a clarifying injunction to prevent the enforcement of these orders, asserting they improperly sidestep a Supreme Court decision from June.
In June, the Supreme Court rejected the administration's initial attempt to end birthright citizenship for infants born on U.S. soil to parents residing in the U.S. illegally or as legal permanent residents. The new executive orders, signed last week, target children of foreign diplomats born on U.S. soil and individuals entering the U.S. for "birth tourism."
"Despite the Supreme Court’s clear direction," the ACLU stated in its filing, "Trump 'continues to claim for himself the power to identify categories of children whose citizenship he intends to deny.'" The organization and other plaintiffs argue that the court should emphasize that citizenship cannot be revoked through executive orders or other assertions of executive power.
President Trump stated that the individuals targeted by the orders are "buying their way in, and we're not going to let it happen," adding that "We're making adjustments because it's very unfair." The ACLU countered that the administration is using babies as "pawns in a political stunt."
Norm Eisen, a former White House ethics czar and co-founder of the Democracy Defenders Fund, commented that "the courts have repeatedly made it clear that the 14th Amendment cannot be rewritten by executive fiat." The new filing accuses the Trump administration of employing a strategy to circumvent the Supreme Court's ruling.
The Trump administration views these executive orders as a crucial part of its immigration agenda. Opponents, however, consider these efforts unconstitutional.
It remains unclear how the Justice Department will respond, although plaintiffs have requested an additional hearing on the matter. President Trump has previously criticized the Supreme Court for blocking key policy initiatives during his second term.
