3 pregnant women in Washington state sue Trump for birthright citizenship order
Published in Political News
SEATTLE — A lawsuit filed in federal court Friday against President Donald Trump alleges his executive order intending to ban birthright citizenship violates the rights of three noncitizen pregnant women in the Seattle area.
The class action lawsuit, filed in U.S. District Court for the Western District of Washington, argues some children could be left "stateless" under the executive order, unrecognized as citizens in the U.S. or their parents' countries of origin. Even if it was legally possible, some countries, including Venezuela, offer no consular services to verify citizenship in the U.S.
"Citizenship is the fundamental marker of belonging in this country," the lawsuit states. "Indeed, without citizenship, the babies soon to be born in this country whom President Trump unilaterally and unconstitutionally seeks to strip of citizenship will be left without any legal immigration status."
Trump's executive order has swiftly drawn opposition as an affront to constitutional law and was temporarily banned by a federal judge in Seattle, among others nationwide. It is stated in the Constitution that every person born on U.S. soil is a citizen. The 14th Amendment reads: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."
In addition to Trump, the lawsuit names Secretary of State Marco Rubio, the Department of State, acting Attorney General James McHenry, the Department of Homeland Security, the Social Security Administration, the Department of Agriculture and the Centers for Medicare and Medicaid Services.
The lawsuit was filed by the Northwest Immigrant Rights Project on behalf of Alicia Chavarria Lopez, Cherly Norales Castillo and Delmy Franco Aleman but is argued on behalf of all others similarly situated in Washington. The women are not citizens or lawful permanent residents, according to the lawsuit.
Trump's executive order seeks to limit birthright citizenship to people who have at least one parent who is a U.S. citizen or permanent resident. It also states that those born to parents who are in the country legally but temporarily will no longer be automatically guaranteed citizenship.
If implemented, the lawsuit argues, the order could leave children born only days apart with different citizenship statuses.
Aleman, a Lynnwood woman from El Salvador, has been granted "withholding of removal" and has lived in the U.S. since 2015. Her due date is March 26. Castillo, a Seattle woman from Honduras, is in removal proceedings and filed an application for asylum. Her due date is March 19. Lopez, a Bothell woman from El Salvador, has also filed an asylum application. Her due date is July 21.
According to the filing, Aleman is worried her unborn child could be a target of immigration enforcement and could face the possibility of removal to El Salvador, "a country which she fled for her own safety." The children born to these women may not have equal access to education, work authorization and other benefits of citizenship, the lawsuit argues.
The lawsuit asks the court to enjoin Trump's administration from enforcing the executive order and declare the order violates the 14th Amendment.
Trump's order argues the 14th Amendment "has always" excluded people whose parents are in the country illegally because they are not "subject to the jurisdiction" of the U.S.
The U.S. Department of State did not immediately respond to a request for comment Friday evening.
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