A legal battle has emerged with the filing of a second lawsuit challenging an executive order that potentially alters the landscape of birthright citizenship in the United States. The American Civil Liberties Union (ACLU), alongside several immigration advocacy groups, has taken legal action against the order, arguing that it infringes upon the U.S. Constitution's longstanding guarantee of birthright citizenship and established legal precedents. The executive order, signed by former President Donald Trump on his first day in office, proposes that children born to parents who are in the country "unlawfully" or temporarily may be deemed ineligible for U.S. citizenship.
Monica, an expectant mother who fled political persecution in Venezuela, stands at the forefront of this challenge. She, along with four other pregnant immigrant women and two immigrant advocacy organizations, is contesting the order. Monica and her husband escaped their homeland in 2019 under threats of political persecution and have since been residing in South Carolina, awaiting the processing of their asylum cases for six years.
The implications of the executive order are profound. Should it be enacted, tens of thousands of children born annually in the United States could lose their eligibility for U.S. citizenship. This change could also affect newborns requiring intensive hospital care, who would no longer qualify for Medicaid. The order's text remains ambiguous regarding which children of immigrant parents would be excluded from citizenship.
“Most of the folks on our staff are immigration attorneys, and we have decades of experience amongst all of us. And then we have this executive order and even we think it’s unclear,” said Leidy Perez, a policy and communications director at Asap.
The legal complexities surrounding this issue have prompted a judge in Seattle to temporarily block the implementation of the order. Meanwhile, Monica and her husband, having made a life for themselves over the past six years in the U.S., purchased a house with their savings. Monica holds a medical degree from Venezuela and aspires to practice medicine in the U.S. once her qualifications are validated.
“For me and for so many mothers. This is a right that is in the constitution of this country – so you cannot imagine that they would take it away just because,” Monica expressed with conviction.
The potential impact of this executive order extends beyond individual families to local jurisdictions, which could be burdened with the responsibility of providing basic care for thousands of children left without federally subsidized support. The Institute for Constitutional Advocacy and Protection at Georgetown Law has filed this case in federal district court in Maryland, underscoring the legal gravity of the situation.
“It’s just not clear,” stated Leidy Perez, emphasizing the ambiguity surrounding the executive order's stipulations.
Monica reflects on her journey and her hopes for the future amid these uncertainties. Her story highlights the broader implications for immigrant families across the nation, as they grapple with the potential erosion of constitutional rights.
“He was not expecting that! But he was so excited,” Monica shared, revealing a personal moment amidst ongoing challenges.