The battle to protect birthright citizenship grows in the face of Trump's new attacks
The groups that won in the Supreme Court seek to prevent the government from finding a way that affects the protections obtained
The dispute over birthright citizenship did not end with the Supreme Court ruling. Now, legal groups that scored a key victory against Donald Trump are back in court to ask that babies protected by their class-action lawsuit not be exposed to new attacks from the administration.
The battle takes place in the federal court in New Hampshire, where the organizations presented a new motion to make clear that the protections obtained in the litigation remain in force, despite the new executive order promoted by Trump.
According to the ACLU, an organization that leads part of the legal representation, the movement seeks to prevent the government from finding a way to once again apply restrictions to the citizenship of children born in the United States.
The Supreme Court had already drawn the line
The precedent is the case Trump v. Barbara, in which the Supreme Court on June 30 awarded a victory to civil rights groups that challenged Trump's executive order intended to limit the US citizenship of certain babies.
The lawyers maintain that the highest court was forceful in recognizing that the Fourteenth Amendment protects the citizenship of those born in the United States, except for the historical exceptions recognized by the jurisprudence itself.
In the motion filed in New Hampshire, the legal groups argued that the Supreme Court's decision made clear that those protections cannot be changed by presidential order.
“The Supreme Court confirmed that there are no additional exceptions beyond those recognized in United States v. Wong Kim Ark,” the lawyers noted in the court document.
The 1898 case, United States v. Wong Kim Ark is one of the main precedents on the citizenship of people born in the United States.
Legal groups want to avoid another battle front
For immigrant rights advocates, Trump's new move represents an attempt to once again test the limits of presidential power.
Cody Wofsy, deputy director of the ACLU Immigrant Rights Project and lead attorney on the case, was direct: “It is time for these illegal and cruel attacks on children's citizenship to stop.”
The Asian Law Caucus also questioned the new crackdown. Its executive director, Aarti Kohli, said the administration is trying to expand exceptions to the Fourteenth Amendment through an executive order.
Meanwhile, the plaintiff groups are seeking federal court confirmation that the babies included in the lawsuit continue to be protected.
Lawyers who have already obtained the support of the Supreme Court maintain that the answer was established in the Constitution and that it is now up to the courts to enforce it.
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