US Supreme Court Decision: Trump v. Barbara Clarifies Birthright Citizenship

• Lawyers for plaintiffs who challenged Trump's earlier order restricting birthright citizenship have returned to federal court, targeting his new executive order.
• The motion urges a federal judge to clarify that the new order exceeds the limited exception to birthright citizenship reaffirmed by the Supreme Court.
• The challenge comes just five days after Trump signed the new executive order, which seeks to narrow the availability of automatic citizenship for babies born in the United States.
• The plaintiffs' lawyers argue that the new order goes beyond the exception for foreign diplomats and infringes on the rights of individuals born in the United States.

The court had ruled on June 30 that the 14th Amendment's citizenship clause grants citizenship to anyone born in the United States and subject to its jurisdiction, with only a few narrow exceptions.

Lawyers for the plaintiffs who successfully challenged President Donald Trump's earlier order restricting birthright citizenship have returned to federal court in New Hampshire, this time targeting his new executive order. The motion filed on Tuesday morning by lawyers from the American Civil Liberties Union and other civil rights groups urges U.S. District Judge Joseph Laplante to clarify that the new order exceeds the limited exception to birthright citizenship reaffirmed by the Supreme Court. This challenge comes just five days after Trump signed the new executive order, which seeks to narrow the availability of automatic citizenship for babies born in the United States.

The plaintiffs' lawyers argue that the new order goes beyond the exception for foreign diplomats, as established by the Supreme Court's decision in Trump v. Barbara. The court had ruled on June 30 that the 14th Amendment's citizenship clause grants citizenship to anyone born in the United States and subject to its jurisdiction, with only a few narrow exceptions.

The Supreme Court's decision in Trump v. Barbara reaffirmed the limited exception to birthright citizenship for foreign diplomats. However, the plaintiffs' lawyers argue that the new executive order exceeds this exception and infringes on the rights of individuals born in the United States. The 14th Amendment's citizenship clause has been a cornerstone of U.S. immigration law since its adoption in 1868. It grants citizenship to anyone born in the United States and subject to its jurisdiction, with only a few narrow exceptions. The Supreme Court's decision in Trump v. Barbara reinforced this interpretation, stating that the clause sweeps broadly and is subject only to these limited exceptions.

The plaintiffs' lawyers are urging Judge Laplante to clarify that the new order does not exceed the scope of the exception for foreign diplomats. If successful, this could have significant implications for compliance officers advising clients on immigration and nationality matters.

The challenge brought by the plaintiffs' lawyers has significant implications for U.S. immigration law and policy. If the new executive order is found to exceed the limited exception to birthright citizenship, it could lead to a re-evaluation of the 14th Amendment's citizenship clause. This, in turn, could have far-reaching consequences for individuals born in the United States and their families. The case also highlights the ongoing debate over the scope of birthright citizenship and the role of the executive branch in shaping U.S. immigration policy.

Lawyers for the plaintiffs who successfully challenged Trump's earlier order restricting birthright citizenship are urging a federal judge to clarify that the new order goes beyond the limited exception to birthright citizenship reaffirmed by the Supreme Court, which could have significant implications for compliance officers advising clients on immigration and nationality matters.

Source: Original reporting via Challenge brought to Trump’s new birthright citizenship order