In response to President Trump’s executive order aiming to terminate birthright citizenship, Santa Clara County officials said Thursday that they had filed a federal lawsuit.
Mr. Trump and several high-ranking federal officials are named in the lawsuit, which claims the order is unconstitutional.
In a statement, Santa Clara County Board of Supervisors President Otto Lee said, “Executive orders that violate the Constitution have no legal standing and only create unnecessary confusion and hardship for immigrant families, and all Americans.”
The goal of Trump’s order, which was signed only hours after his inauguration on January 20, is to deny birthright citizenship to children of foreign nationals who are in the country unlawfully or temporarily.
Regardless of the immigration status of their parents, people born in the United States are considered citizens from birth, according to the government’s long-standing interpretation of the Constitution.
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside,” states the 14th Amendment to the Constitution, which was ratified in 1868.
In the late 19th century, California helped establish the standard. The Chinese Exclusion Act prevented San Francisco-born Chinese-American Wong Kim Ark from returning to the United States.
In 1898, the U.S. Supreme Court upheld his citizenship rights under the 14th Amendment’s Citizenship Clause in a historic ruling.
According to County Counsel Tony LoPresti, “no president has the authority to enact, amend, or repeal statutes, much less the Constitution itself.” “This order illegally instructs federal agencies and officials to refuse to follow and execute a wide range of laws that rest on the bedrock constitutional foundation of birthright citizenship.”
Thousands of county residents, including refugees and asylees awaiting green cards, professionals employed in the county on H-1B visas, students living in the county on visas, and people in the United States illegally, would be affected if the order were to be put into effect, officials said.
An estimated 773,000 persons, or more than 40% of the county’s population, were born outside of the US, according to U.S. Census data. Over 60% of the county’s children have at least one foreign-born parent, which is the highest ratio in California and among the highest in the entire United States.
There has already been a court challenge to the presidential order. On January 23, a federal judge in Seattle issued a 14-day restraining order.
Meanwhile, San Francisco City Attorney David Chiu and attorneys general from 17 other jurisdictions have joined a case that California Attorney General Rob Bonta has joined.
Eliot Pierce is a dedicated writer for ChiefsFocus.com, covering local crime and finance news. With a keen eye for detail and a passion for storytelling, Eliot aims to provide his readers with clear and insightful analysis, helping them navigate the complexities of their financial lives while staying informed about important local events. His commitment to delivering accurate and engaging content makes him a valuable resource for the community.