Mothers & Immigrant Groups Sue Trump

Immigrant Rights

Mothers and Immigrant Organizations Sue Trump Administration to Protect Birthright Citizenship

New Executive Order Will Harm Millions of Families and Children 

Expectant mothers and immigrant organizations have filed a lawsuit challenging the constitutionality of the Executive Order issued by the Trump Administration, robbing and stripping birthright U.S. citizenship from the children of immigrant parents. The Executive Order, issued right after the inauguration, unlawfully denies citizenship to children born on U.S. soil. The move is overtly racist and threatens to harm millions of children and families across the country. 

More than a century of U.S. Supreme Court precedent makes crystal clear that the President does not decide who becomes a citizen at birth. That right is conveyed exclusively by the U.S. Constitution. Specifically, the first clause of the Fourteenth Amendment (the Citizenship Clause) states that “all persons born or naturalized in the United States…are citizens of the United States.” 

The lawsuit was filed by Lawyers for Civil Rights on behalf of expectant mothers who are impacted by the Executive Order alongside two Massachusetts-based immigrant advocacy organizations: La Colaborativa and the Brazilian Worker Center. The organizations have already been flooded with inquiries from their members, including immigrants harmed by the Executive Order.  

The lawsuit highlights the dire consequences of this policy, which carries with it a host of grave consequences. It would de-Americanize children and, as a result, deny them precious rights, legal protections, and the benefits that come with them, like access to critical documents such as passports and Social Security numbers. Affected children would be stripped of their national identity, stigmatized by their government as a class of “lesser” Americans, and forced to live with the uncertainty and fear that comes with the possibility of deportation from their native land.

The Supreme Court has described the loss of citizenship as a form of punishment more primitive than torture, holding that it cannot be imposed even as a penalty for a crime. And yet the Trump administration seeks to impose this noxious sanction on a swath of expectant mothers and innocent children. In doing so, it also drags America back toward the reprehensible conception of racial or hereditary citizenship forbidden by the Constitution. 

In federal court, the plaintiffs are seeking to halt the implementation of the executive order, given the profound harm to U.S.-born children and their families. The complaint underscores the broader social implications of the order, warning that it creates a caste system where some U.S.-born children have fewer rights and benefits than others based solely on their parent’s immigration status. 

“This Executive Order is a brutal and unconstitutional attempt to redefine what it means to be an American,” said Iván Espinoza-Madrigal, Executive Director for Lawyers for Civil Rights. “The Constitution is clear: birthplace, not parentage, determines citizenship in this country. This lawsuit is about ensuring that the fundamental rights guaranteed by our Constitution are upheld.”

“Birthright citizenship is a sacred right granted by our Constitution,” said Oren Sellstrom, Litigation Director for Lawyers for Civil Rights. “Robbing anyone of this right is unprecedented and inhumane. The Constitution does not allow a President to decide who is a citizen, and we are confident that the courts will agree.”

“This is a blatant attack on immigrant families who are the backbone of our communities and economy,” said Gladys Vega, Executive Director of La Colaborativa. “Our members are mothers, fathers, workers, and neighbors who came to this country searching for a safer and better life. Denying citizenship to their U.S.-born children undermines the ideals of fairness and opportunity that define America. We will not stand idly by while our children are targeted and their rights and dignity are erased.”

“Stripping children of their birthright citizenship undermines their dignity, security, and identity,” said Lenita Reason, Executive Director of the Brazilian Worker Center. “This policy doesn’t just harm individuals – it tears at the fabric of our communities. We stand in solidarity with immigrant families nationwide to defend this fundamental right. All children born in this country deserve an equal opportunity to thrive.”

“Lawyers for Civil Rights is proud to lead the fight against the Trump Administration’s hateful immigration policies,” said Jacob Love, Senior Attorney for Lawyers for Civil Rights. “These assaults on immigrant communities are not only reprehensible – they are also illegal. We look forward to taking this fight for civil rights to the courtroom.” 

“Judicial relief is essential,” said Mirian Albert, Senior Attorney for Lawyers for Civil Rights. “Otherwise, this Executive Order will cause significant harm to our immigrant families. Our communities are vulnerable, and now they are panicking. The court has the power to hit pause, to provide protection for vulnerable communities, and restore a sense of order and justice.”   

“We are seeing firsthand the fear and instability this policy creates for mothers in our community,” said Reverend Dieufort Fleurissaint of Haitian-Americans United. “For many of our immigrant families, birthright citizenship is the foundation of the next generation’s future and security. Stripping away this right is cruel.”

The complaint is available here.

UPDATE:

The motion for injunctive relief is available here, along with declarations filed in support of the motion from former immigration officers, public health officials, and other experts.