A coalition of American Democratic states announced on Tuesday that they would file a complaint against the decree signed by Donald Trump on the first day of his mandate calling into question the land rights guaranteed by the Constitution.
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The complaint, filed by 18 states, including California and New York, comes the day after the new president was sworn in, who signed a series of decrees intended to reform immigration in the United States.
Among them, the questioning of land rights, guaranteed by the 14e amendment to the Constitution and allowing anyone born in the United States to obtain American citizenship.
AFP
If implemented, the executive order would prevent the federal government from issuing passports, citizenship certificates or other documents to children born on U.S. soil unless one of their parents is a citizen or has permanent resident status.
“This executive order to suppress land law is frankly unconstitutional and un-American,” California Attorney General Rob Bonta said in a statement.
“We ask the court to immediately block the entry into force of this executive order and to ensure that the rights of children born in the United States affected by this executive order remain in force during the duration of the proceedings,” he said. he added.
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“The president went way beyond the scope of his duties with this executive order, and we will hold him accountable.”
The suit, filed in federal court in Massachusetts, follows a similar suit filed by the ACLU, a historic civil rights group, and other organizations in New Hampshire.
The 14the amendment was adopted in the aftermath of the Civil War, to guarantee rights to former slaves and their children.
It states, among other things, that “all persons born or naturalized in the United States and subject to the jurisdiction of this country are citizens of the United States and of the State wherein they reside.”
Mr. Trump’s executive order, if upheld, would take effect 30 days after signing it.
He also acknowledged that it would likely be challenged legally: “You may be right. You will see,” he replied to a journalist questioning him about a possible challenge of the decision before the American courts, Monday evening in the Oval Office.
Donald Trump also claimed — falsely — that the United States was the only country in the world that grants birthright citizenship. In fact, this is the case in dozens of other countries, including Canada and Mexico.