WASHINGTON—Pushing back against the opposition to President Trump’s executive order ending birthright citizenship, the Immigration Reform Law Institute (IRLI) has filed a brief in a New Hampshire district court case. The suit is the latest attempt by anti-borders groups to thwart the mandate the American people gave Trump to end the illegal immigration crisis.
The plaintiffs, several pro-illegal immigration nonprofit organizations, claim that President Trump’s executive order restricting birthright citizenship is unconstitutional on its face, and that children of illegal aliens are guaranteed citizenship in the Fourteenth Amendment.
Despite recent efforts by activists to muddy the waters on birthright citizenship, the Supreme Court has already decided this issue. In United States v. Wong Kim Ark, decided in 1898, the court held that if a child is born in the United States to parents residing here with the permission of the United States, that child is a citizen under the 14th Amendment — otherwise, that child is not. Thus, the court held that children of illegal aliens who do not reside here with permission, and of tourists — who do not reside here but are only visiting — are not citizens. Since the Supreme Court has never overturned this case, it is still controlling precedent.
In defiance of this precedent, our government has allowed birthright citizenship for illegal aliens in America. As of June 2023, there were roughly 5.8 million anchor babies (children of illegal aliens) currently living in the U.S., according to a study from the Federation for American Immigration Reform. This number is bigger than the population of every U.S. city except for New York.
“Birthright citizenship for the children of those here illegally has been a huge incentive to violate our immigration laws, and we finally have a president willing to follow legal precedent that forbids it,” said Dale L. Wilcox, executive director and general counsel of IRLI. “The well-funded anti-borders movement knows how important this issue is, which is why they are flooding our courts with lawsuits to maintain the status quo. We agree with the majority of Americans that change is overdue on this issue, and will not rest in advocating for it.”
The case is New Hampshire Indonesian Community Support v. Trump (1:25-cv-00038)
