Plaintiffs argue the order violates both the 14th Amendment’s citizenship clause and the Fifth Amendment’s due process protections.
“The EO treats the targeted citizens as a subordinate caste of native-born Americans, entitled to fewer rights, benefits, and entitlements than other Americans due to their parents’ alienage,” the suit states.
While the expectant mother in the case holds temporary protected status, the baby’s father is neither a U.S. citizen nor a lawful permanent resident, placing their child squarely in the crosshairs of the order’s enforcement.
Potential Consequences for Millions
Lawyers for Civil Rights, representing the plaintiffs, warned of the far-reaching implications of the executive order.
“It would de-Americanize children and, as a result, deny them precious rights, legal protections, and benefits such as access to passports and Social Security numbers,” the group stated. “Affected children would be stripped of their national identity and stigmatized as ‘lesser’ Americans, living with the constant fear of deportation from their native land.”
