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Courts expected to challenge birthright citizenship laws


President Donald Trump’s plan to eliminate birthright citizenship is just one of many executive actions that could face legal challenges. Other policies at risk of being struck down include invoking an 18th century law to deport certain immigrants, re-allocating congressional funding, and refusing to spend money appropriated by Congress for environmental policies. Civil rights groups and Democratic attorneys are likely to file lawsuits over these issues, with some already challenging Trump’s actions minutes after he took office.

The consensus among legal scholars is that birthright citizenship, as outlined in the 14th Amendment, is a constitutional right. Despite this, some anti-immigration advocates argue that children of parents who entered the country illegally are not entitled to citizenship. The Supreme Court has never directly ruled on this issue, but legal experts believe that the Amendment refers to individuals not bound by U.S. law, such as foreign diplomats. Lawsuits have already been filed in response to Trump’s executive order on birthright citizenship, with many experts confident in their chances of success.

Trump’s use of the Alien Enemies Act, a law enacted in 1798, may also face challenges due to its requirements. This law can only be invoked during times of war, which current conditions do not meet. Additionally, Trump’s attempts to re-allocate federal funding for building a border wall and refusing to spend congressionally approved funds for environmental programs may lead to legal battles over the Appropriations Clause and the Impoundment Control Act.

Overall, Trump’s controversial executive actions are expected to face significant pushback in the courts, particularly when they involve untested legal theories or contradict established constitutional principles. While lawsuits challenging these policies have uncertain outcomes, legal experts anticipate that certain actions, such as the Alien Enemies Act and changes to birthright citizenship, are most likely to be invalidated through legal challenges.

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www.nbcnews.com

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