An open letter to the U.S. Supreme Court

Urge Opposition to Executive Order Eliminating Birthright Citizenship

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I am writing to urge you to publicly oppose President Trump's executive order eliminating birthright citizenship and to support efforts to protect this constitutional right as the Supreme Court prepares to hear arguments this spring. The executive order signed on January 20 attempts to overturn more than 125 years of constitutional understanding by declaring that children born to parents who are in the United States illegally or temporarily are not American citizens. Every lower court that has examined this order has concluded it violates or likely violates the 14th Amendment. Federal judges have blocked the order in multiple jurisdictions, including a class-action lawsuit in New Hampshire in July and a ruling by the 9th U.S. Circuit Court of Appeals that same month. The 14th Amendment was adopted to grant citizenship to newly freed slaves and their children, establishing the fundamental principle that anyone born on American soil is an American citizen. This principle has been the bedrock of our citizenship law for generations, with only narrow exceptions for children of foreign diplomats and those born to a foreign occupying force. The administration's argument that children of noncitizens are not "subject to the jurisdiction" of the United States contradicts over a century of legal precedent and the clear intent of the amendment. Eliminating birthright citizenship would create chaos in our legal system and fundamentally alter what it means to be American. The 9th Circuit recognized that allowing birthright citizenship to be in effect in some states but not others would cause severe problems for families and government agencies alike. I ask that you take a clear public stance against this executive order and support any legislative efforts to reaffirm birthright citizenship as a constitutional right. Our Constitution should not be rewritten by executive action, and this fundamental protection deserves your vocal defense.

▶ Created on January 5 by Opposition to Executive Order Eliminating Birthright Citizenship

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