Legal Storm Erupts Over Trump’s Birthright Citizenship Directive

WASHINGTON — Following President Donald Trump’s recent executive orders on immigration, researchers are now evaluating the legal ramifications surrounding the proposed elimination of birthright citizenship and stringent new asylum policies. During a briefing on Tuesday, experts expressed concerns about the potential impacts of these orders.

Shortly after Trump’s announcement, the ACLU and several immigrant rights organizations filed a lawsuit against the administration in U.S. District Court for New Hampshire. Additionally, 18 state attorneys general responded by initiating their own legal actions in Massachusetts, challenging the birthright citizenship directive. States involved in the lawsuit include New Jersey, California, and Massachusetts, among others.

Concerns were also raised by state attorneys general from Arizona, Illinois, Oregon, and Washington, who have filed lawsuits in Seattle, contesting the legality of denying birthright citizenship. The order stipulates that children born in the U.S. after February 19 to undocumented parents or certain visa holders would not receive citizenship.

Moreover, Trump has declared a national emergency at the southern border through additional executive orders that roll back previous asylum protections while reinstating strict immigration policies from his initial administration. Kathleen Bush-Joseph from the Migration Policy Institute noted, “Executive orders cannot override U.S. law that guarantees asylum access, suggesting these measures will face quick legal challenges.”

The administration is also shifting immigration enforcement policies. Acting DHS Secretary Benjamine Huffman has introduced directives that revoke previous limits on enforcement in sensitive areas like schools and places of worship. In a statement, DHS emphasized its commitment to empowering law enforcement without restrictions.

Furthermore, the new policies revisit humanitarian parole procedures, reverting to a more selective case-by-case approach. The recent shutdown of the CBP One app, which migrants used for scheduling asylum appointments, has also drawn legal scrutiny.

The birthright citizenship order has emerged as a focal point for multiple lawsuits. The executive order seeks to redefine citizenship rights established under the 14th Amendment, which could affect millions of children born in the U.S. to undocumented parents. Muzaffar Chishti from the Migration Policy Institute highlighted the challenges of enforcing such provisions, noting that hospitals would need to verify parental documentation, an impractical requirement.

Despite a lack of explicit mention during his inauguration, Trump’s executive orders indicate a revival of his mass deportation strategy. Doris Meissner of the Migration Policy Institute remarked that a combination of expedited removal processes and increased information-sharing with local law enforcement reflect a broader push for mass deportations. Nevertheless, she warned that proposed legislation could hinder these initiatives by placing additional demands on resources and logistics.

One significant change includes the termination of the “catch and release” policy, which previously allowed detained migrants to remain in communities during their asylum proceedings. Current congressional proposals, such as S. 5, would mandate detention for certain criminal allegations, further complicating the enforcement landscape.

Last updated 2:45 p.m., Jan. 21, 2025