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‘We Ain’t Going to Lose’ on Birthright Citizenship, ACLU Head Says

Jordyn M. by Jordyn M.
February 18, 2025
in Politics
0

Anthony Romero, the executive director of the American Civil Liberties Union (ACLU), is certain that President Trump’s latest executive order challenging birthright citizenship will not hold up in court. 

In a recent interview on The New Yorker’s “Radio Hour” podcast, Romero stated that he believes legal opposition to the executive action will ultimately prevail.

ACLU Executive Director Anthony Romero says, “We ain’t going to lose,” on birthright citizenship.

Follow: @AFpost pic.twitter.com/PJ5YeI6cRO

— AF Post (@AFpost) February 18, 2025

The Trump administration’s push to eliminate birthright citizenship has become one of the most contentious legal battles in the country. 

The order, signed by Trump upon returning to the White House last month, seeks to end the automatic granting of U.S. citizenship to children born on American soil to non-citizen parents. 

This practice, long protected under the 14th Amendment, has been a cornerstone of U.S. immigration law.

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Romero expressed deep concern over the potential consequences of such a policy shift. 

“They want to eliminate the right to citizenship if you are born here, which was established in the 14th Amendment,” he explained. 

“It’s also in the statute. It’s how we created American citizens out of the children of slaves. For us in the civil rights community, this is hallowed ground.”

.@Neal_Katyal on Trump’s call to end birthright citizenship: “The 14th Amendment is as clear as day that there is no way he can do that. If he tries that, he will lose in court every day of the week.” pic.twitter.com/a5WHyn63Ea

— Inside with Jen Psaki (@InsideWithPsaki) November 10, 2024

The ACLU wasted no time in responding to the executive order, per The Hill, immediately filing a lawsuit challenging its legality. 

Several other lawsuits have followed, setting the stage for what is expected to be a lengthy legal battle.

Opponents of the order argue that it places an undue burden on state governments, forcing them to verify the citizenship status of parents at the time of a child’s birth. 

“So I think that’s why the [state] attorneys general are so key in this litigation as well,” Romero said, highlighting the role of state officials in the upcoming court battles.

When asked what would happen if the ACLU’s challenge failed, Romero remained unwavering. 

“We ain’t going to lose,” he declared. 

🚨NEW: "This administration believes that Birthright Citizenship is unconstitutional. Illegal immigrants who have a child are not subject to the laws of this jurisdisction. We have appealed the lawsuits filed and we are prepared to fight this to the Supreme Court if we have to." pic.twitter.com/76uekMXvKA

— Autism Capital 🧩 (@AutismCapital) January 28, 2025

Pressed further by host David Remnick about the next legal steps if the case were to be rejected, Romero outlined the process: “That case would then be sent to the Supreme Court.”

Romero acknowledged the unpredictability of the courts but remained firm in his belief that Trump’s attempt to revoke birthright citizenship is legally indefensible. 

“I’ve never been this bold. I’ve been in my job 23 years. I don’t usually predict the outcome of our cases, because my heart’s been broken multiple times,” he admitted. 

“But this is really, really going a step too far.”

So far, The Hill reports four federal judges have blocked the executive order, further complicating the administration’s attempts to enforce it. 

While acknowledging the potential for the issue to reach the Supreme Court, at least one judge has sharply criticized Trump’s reasoning behind the order, stating that there was no “legitimate interest” for implementing such a policy.

If enforced, the executive order could impact hundreds of thousands of people, causing widespread legal uncertainty for parents and their children. 

Romero noted that ACLU offices are already hearing from pregnant women who fear their children may not be granted U.S. citizenship under the new policy.

“The repercussions are enormous,” Romero warned. 

“If they were allowed to repeal birthright citizenship, that means that even people who are here lawfully, and whose kid is born here, would not be a U.S. citizen.”

Red states need to step up and start following EO guidance by not issuing documents to those born to illegals in hospitals. The ACLU will sue in 3 seconds, but this will place it in the 5th and 8th circuits. Right now, they are choosing the landscape and having retard judges…

— Daniel Horowitz (@RMConservative) January 24, 2025

With multiple legal challenges underway and federal judges already pushing back, the Trump administration faces an uphill battle in making the order stick.

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