In a 6-3 decision, the Supreme Court ruled Tuesday that the executive order from President Trump that would have ended birthright citizenship for the children of some immigrants was unconstitutional.
The class-action lawsuit that made it to the country's highest court started in New Hampshire a year ago, and was filed by several immigrants' rights groups on behalf of a New Hampshire resident known as Barbara.
She’s a citizen of Honduras who had a pending asylum application and was expecting her fourth child when she filed the suit. Under the executive order, her child wouldn't have been considered a citizen.
“They are very happy with the outcome of the case because what it means is their children are U.S. citizens,” said New Hampshire ACLU attorney SangYeob Kim after speaking with Barbara and other plaintiffs Tuesday morning.
“This extends beyond their families, because all families in New Hampshire and across the country – their children are U.S. citizens once they are born in the United States.”
The decision centers around the 14th amendment, which says "all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States."
Trump signed an order in the first hours of his second term that narrowly interpreted the phrase “subject to the jurisdiction.” It directed federal agencies to not issue citizenship documents to babies born to undocumented immigrants, or parents with lawful, but temporary status. According to the decision, this order was unconstitutional.
New Hampshire ACLU Director Devon Chaffee celebrated the impact the decision will have in the Granite State and across the country, keeping in line with over 150 years of constitutional precedent.
“This fight was about preventing the creation of a subclass of people born in this country but denied full rights as Americans – all at the whim of the president,” she said. “We celebrate this victory with families across the Granite State and nationwide and thank our exceptionally brave clients who joined us in this historic fight.””
This ruling also ends another lawsuit filed by the ACLU and Indonesian Community Support in Dover and other community organizations on the same issue.
