By Mae Slater on
 February 5, 2025

GOP lawmakers backing Trump's order ending birthright citizenship

House Republicans have entered the legal fray surrounding President Trump's controversial executive order on birthright citizenship.

The Hill reported that House Judiciary Committee Republicans have submitted a brief defending the order, which restricts citizenship for children born on U.S. soil, in response to a lawsuit challenging its legality.

House Judiciary members, led by Chair Jim Jordan, R-Ohio, have formally backed President Trump's executive order limiting birthright citizenship.

This development is part of a legal battle initiated by four Democratic attorneys general who argue that the order violates constitutional and federal laws.

Legal Challenge to Executive Order

On President Trump's inaugural day in office, he signed an executive order that aimed to restrict birthright citizenship.

Specifically, it aimed to limit this right to children born to parents with permanent legal status in the United States. This decision has sparked significant legal debate and multiple court challenges.

A total of eight lawsuits have been filed against this order. Critics argue that it directly contradicts established interpretations of the 14th Amendment by the Supreme Court. The plaintiffs, in the ongoing legal cases, assert that the order undermines long-standing federal immigration principles.

The GOP's brief supporting the executive order is part of a case taking place in Seattle. Four Democratic-led states initiated this particular lawsuit. The brief, consisting of 23 pages, presents a historical analysis aimed at justifying the order's legality.

Republicans argue that the language in the 14th Amendment regarding jurisdiction is key. They state that the "touchstone for birthright citizenship" is allegiance rather than merely being subject to U.S. laws. This interpretation, they claim, is deliberate and meaningful.

U.S. District Judge John Coughenour, a Reagan appointee, is scheduled to preside over a hearing in Seattle. This hearing will focus on the preliminary matters of the case filed by the Democratic attorneys general. Meanwhile, similar hearings are expected in courtrooms nationwide.

The Justice Department stands firm in its position that the order is lawful. They maintain that the executive action aligns with constitutional provisions and does not infringe upon the established legal framework.

The GOP brief criticizes the plaintiffs for not providing an explanation for the nuanced language of the 14th Amendment. The Republicans argue that the drafters of the Amendment purposefully chose complex terms to convey specific legal concepts.

While the challengers claim the order opposes settled interpretations, GOP lawmakers argue that allegiance to the United States is a crucial factor. This, they contend, should be the criterion for birthright citizenship rather than just being subject to U.S. laws.

Broader Implications of the Case

The plaintiffs' argument revolves around how longstanding Supreme Court rulings contradict the new executive order. They assert that the 14th Amendment grants automatic citizenship to all born on U.S. soil, regardless of parental status.

The outcome of this legal battle could have far-reaching consequences. If upheld, the order could redefine parameters for citizenship significantly. This contentious issue requires careful judicial scrutiny.

The dispute brings into question the historical context and interpretation of the 14th Amendment. Initially crafted after the Civil War, the Amendment aimed to secure rights for former slaves and their descendants.

Supporters of Trump's order see it as a necessary step in controlling immigration and strengthening national borders. As the hearings progress, both sides will present compelling arguments. The outcome could influence future policies on immigration and citizenship.

Written By:
Mae Slater

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