A group of House Republicans filed a legal brief Monday defending President Trump’s executive order to end birthright citizenship, citing a 1608 British legal decision, Calvin’s Case. The case, which ruled that Scottish-born children could be English subjects, later influenced U.S. birthright citizenship laws.
The brief, submitted by 18 Republican members of the House Judiciary Committee, argues that the Fourteenth Amendment does not automatically grant citizenship to children of undocumented immigrants or those in the U.S. temporarily. The lawmakers claim Trump’s executive order correctly enforces this interpretation.
A federal judge temporarily blocked the order on Jan. 23, siding with Democratic attorneys general from Arizona, Illinois, Oregon, and Washington. The ruling expires this week.
Additionally, Republican attorneys general from 18 states filed a separate brief supporting Trump’s order. Iowa AG Brenna Bird stated, “If someone comes on a tourist visa to have an anchor baby, they are not under that original meaning of the U.S. Constitution.”
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