Republican Attorneys General Unite Against Birthright Citizenship Lawsuits
FIRST ON FOX: Republican attorneys general (AGs) from 18 states are set to counter lawsuits filed by Democrat AGs and legal organizations challenging the Trump administration’s executive order regarding birthright citizenship. An amicus brief supporting the executive order is expected to be filed on Monday, as reported by Fox News Digital.
Iowa AG Speaks Out
Iowa AG Brenna Bird, who is leading the effort, emphasized the constitutional interpretation behind the lawsuit. “If someone comes on a tourist visa to have an anchor baby, they are not under that original meaning of the United States Constitution,” Bird stated in an interview. She articulated that taxpayers often bear the financial burden associated with healthcare costs when non-citizens give birth in the United States.
“Oftentimes, when this has happened, it’s the taxpayers that are paying for the health care through Medicaid or through hospitals, paying for care for someone to have a child, or the state child health insurance system as well,” Bird explained. “Each state has a system that helps kids without insurance, and so the taxpayers are on the hook here for all the costs.”
Legal Challenge by Democrat-Led States
Bird’s amicus brief is in direct response to lawsuits filed by a coalition of Democrat-led states. These states argue that the executive order is unconstitutional and without precedent. Critics maintain that “The President has no authority to rewrite or nullify a constitutional amendment or duly enacted statute,” as stated in their lawsuit.
Support from Across the Nation
Attorneys general from notable states, including California, New Jersey, Massachusetts, and others, have joined the lawsuit against the executive order, which addresses the Citizenship Clause of the Fourteenth Amendment. Additionally, cities like San Francisco and Washington, D.C., have also signed on to the legal challenge.
The American Civil Liberties Union (ACLU) filed its lawsuit on the same day Trump enacted the order, asserting that it violates the Constitution and disregards congressional intent. They claim the executive order could deny citizenship to babies born on U.S. soil, affecting their members significantly and contradicting established Supreme Court precedent.
Arguments Laid Out in the Amicus Brief
Bird’s brief has garnered support from Republican AGs from states including Alabama, Florida, Indiana, Kentucky, and others. It makes several key arguments to justify the executive order:
- The brief contends that Trump’s executive order is in line with the “original meaning of the Fourteenth Amendment.”
- It claims that the order helps mitigate fiscal burdens placed on states due to health care costs associated with the birth of children to non-citizens.
- It asserts that the current interpretation of the Citizenship Clause incentivizes individuals from foreign nations to travel to the U.S. to give birth, regardless of their immigration status.
The Impacts of Current Birthright Policies
The brief details testimonies from border hospital administrators describing desperate pregnant women arriving in labor, often having crossed the border illegally in pursuit of U.S. citizenship for their newborns. “The lure of American citizenship motivates pregnant women to travel to America to give birth,” argues the brief.
Trump’s Executive Order Explained
Trump’s executive order, titled “Protecting the Meaning and Value of American Citizenship,” asserts that “the privilege of United States citizenship does not automatically extend to persons born in the United States” under certain circumstances, such as when the parents are living in the country illegally or their presence is lawful but temporary. This order was one of the first he signed upon taking office.
Bird expressed her support for the executive order, stating, “President Trump is restoring the meaning and value of American citizenship, and also making sure that if someone is breaking the law, they won’t be rewarded for that by getting citizenship.” She emphasizes that this action follows constitutional guidelines and aligns with existing immigration laws.
A Divisive Issue in American Politics
The debate surrounding birthright citizenship remains a contentious issue in American politics, highlighting the divide between traditionally conservative and liberal views on immigration and citizenship. As Republican AGs prepare to support the executive order through their amicus brief, the legal battles surrounding this topic are expected to intensify.
Fox News Digital’s Haley-Chi-Sing contributed to this report.
