New Hampshire Indonesian Community Support v. Trump
Legal Issues
BrynoDC Coverage 2 videos
Overview
Overview
The New Hampshire Indonesian Community Support sued President Trump over his birthright citizenship executive order, alleging that it violates the 14th Amendment of the Constitution.
Overview
The government appealed Judge Saint-Marc's preliminary injunction preventing President Trump's birthright citizenship executive order from going into effect.
The Issue
Issue
Whether President Trump's executive order restricting birthright citizenship violates the Citizenship Clause of the 14th Amendment, which provides that all persons born in the United States and subject to its jurisdiction are citizens.
The Rules
Rule
The 14th Amendment Citizenship Clause grants birthright citizenship to all persons born within U.S. territory and subject to its jurisdiction, subject only to narrow exceptions for children of foreign diplomats and members of invading armies. Executive orders cannot modify or eliminate rights secured by constitutional amendment without amendment through the prescribed process.
The Application
Analysis
Plaintiffs argue that the executive order attempts to deny or restrict citizenship status to individuals born within U.S. territory, thereby conflicting with the automatic citizenship grant established by the 14th Amendment. The court must determine whether the order's restrictions fall within any recognized exception or whether they constitute an unconstitutional attempt to override the amendment.
The Conclusion
Conclusion
The case is active in the New Hampshire District Court under Judge Joseph N. Laplante, with the constitutional validity of the executive order contested and unresolved as of the filing date of January 20, 2025.
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