Demonstrators hold up a sign in favor of birthright citizenship outside the U.S. Supreme Court in Washington, D.C., June 27. (Alex Wroblewski/AFP via Getty Images)
Trump’s order seeks to narrow that interpretation to children of U.S. citizens and lawful permanent residents. If upheld, it could deny automatic citizenship to many children born in the U.S. each year.
In "Wong Kim Ark," the Court ruled that a San Francisco-born man whose Chinese parents were barred from naturalization was nonetheless an American citizen under the 14th Amendment. That decision cemented "jus soli," or citizenship by birth on American soil, with narrow exceptions for children of diplomats, foreign occupiers and sovereign tribal nations.
Critics of the executive order argue that the text and history are clear. UC Berkeley law professor John Yoo has written that the Framers borrowed British "jus soli" traditions and that Reconstruction lawmakers expanded citizenship to ensure formerly enslaved people and their descendants were fully included.
Trump's executive order on birthright citizenship has already faced multiple challenges. (AP Photo/Jacquelyn Martin)
The ACLU’s new lawsuit in New Hampshire reflects that strategy.
"Every court to have looked at this cruel order agrees that it is unconstitutional … we are fighting to make sure President Trump cannot trample on the citizenship rights of a single child," said Cody Wofsy, an attorney with the ACLU.
CLICK HERE TO GET THE FOX NEWS APP
"This executive order directly opposes our Constitution, values, and history, and it would create a permanent, multigenerational subclass," added Devon Chaffee, executive director of ACLU-NH.
Karla McKanders of the Legal Defense Fund called the order "an unlawful attempt to entrench racial hierarchies," saying, "Citizenship is a right afforded to us by birth, not by privilege."
Fox News Digital has requested comment from the White House and the ACLU and its partner organizations.
Jasmine Baehr is a Breaking News Writer for Fox News Digital, where she covers politics, the military, faith and culture.
https://www.foxnews.com/politics/trump-administration-presses-supreme-court-executive-order-restricting-birthright-citizenship