Immigrant advocates filed a lawsuit against President Donald Trump's administration challenging an executive order that would limit birthright citizenship to people who have at least one parent who is not a U.S. citizen or a permanent resident.
Children born to mothers who are in the U.S. unlawfully or temporarily — like those with student or work visas — would be impacted. The order exempts children whose fathers are citizens or permanent residents.
“I’m 12 weeks pregnant – it’s hard,” said Monica, a Venezuelan asylum seeker and one of the plaintiffs in the lawsuit. She requested her identity be concealed due to fears of retribution.
“I should be worried about the health of my child. I should be thinking about that primarily. Instead, my husband and I are stressed. We’re anxious and we’re depressed,” Monica said through a translator.
We've got the news you need to know to start your day. Sign up for the First & 4Most morning newsletter — delivered to your inbox daily. Sign up here.
Monica and four other pregnant women who are migrants, CASA, the Asylum Seeker Advocacy Project and Georgetown Law’s Institute for Constitutional Advocacy and Protection filed the lawsuit, arguing Trump’s executive order is a violation of the 14th Amendment, which guarantees the right to birthright citizenship for anyone born in the United States.
“President Trump has no authority to amend either the Constitution or the federal law by the stroke of his pen on an executive order,” said Rupa Bhattacharyya, the legal director of the Institute for Constitutional Advocacy and Protection.
Monica says one of the biggest struggles she and other women in her position face is not knowing how to plan a future for their families.
“What can I do for my child, who I’m afraid is going to be stateless?" Monica asked. "I’m afraid my child is not going to have any citizenship, not only not U.S. citizenship. How do I register my child in the United States or anywhere?”
The lawsuit seeks a preliminary injunction that would stop the order from going into effect before a final judgment is reached. The order is set to go into effect Feb. 19.
This isn’t the only legal challenge the executive order is facing. Attorneys general from across the country — including D.C. and Maryland — filed a lawsuit against the Trump administration.
