A new lawsuit challenging President Donald J. Trump’s recent executive order on birthright citizenship has been filed in the U.S. District Court for the Western District of Washington, according to court documents.
The Northwest Immigrant Rights Project (NWIRP), a Seattle-based non-profit organization, filed the suit on behalf of three pregnant non-citizen women and a proposed class of others similarly situated, arguing the order violates the U.S. Constitution.
The order directs federal agencies, starting 30 days after signing, to deny documentation of U.S. citizenship to newborns whose mothers were “unlawfully present” in the United States and whose fathers were not U.S. citizens or lawful permanent residents or to newborns whose mothers were in the U.S. with “temporary” status and whose fathers were not U.S. citizens or lawful permanent residents at the time of birth.
The lawsuit argues the executive order seeks to end jus soli, the legal principle of birthright citizenship based on being born on U.S. soil, and that it contradicts the plain text of the Fourteenth Amendment.
There is a legislative process for amending the constitution. Beginning with the proposed amendment being approved by the House and Senate followed by approval by 38 states. No occupant of the Oval Office, Including Donald Trump has the authority to amend or invalidate any part of the constitution.
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