SEATTLE The rights of three pregnant noncitizen women in the Seattle region are allegedly violated by President Donald Trump’s executive order that aims to prohibit birthright citizenship, according to a complaint filed against him in federal court on Friday.
According to the class action lawsuit, which was filed in the U.S. District Court for the Western District of Washington, the executive order may render certain children stateless, meaning they will not be acknowledged as citizens of the United States or their parents’ home countries. Some nations, like Venezuela, do not provide consular services to confirm U.S. citizenship, even if it were legally permitted.
According to the lawsuit, citizenship is the primary indicator of national identity. In fact, without citizenship, there will be no lawful immigration status for the unborn children that President Trump is unilaterally and unconstitutionally attempting to deprive of citizenship.
A federal judge in Seattle, among others across the country, temporarily suspended Trump’s executive order after it quickly sparked criticism as a violation of constitutional law. Every individual born in the United States is a citizen, according to the Constitution. All individuals born or naturalized in the United States and falling under its authority are citizens of the United States, according to the 14th Amendment.
The lawsuit also names the Department of Homeland Security, the Social Security Administration, the Department of Agriculture, the Centers for Medicare and Medicaid Services, Secretary of State Marco Rubio, the Department of State, and acting Attorney General James McHenry in addition to Trump.
The Northwest Immigrant Rights Project filed the complaint on behalf of Delmy Franco Aleman, Cherly Norales Castillo, and Alicia Chavarria Lopez, but it is being argued on behalf of everyone else in Washington who is in a similar situation. The lawsuit claims that the women are neither citizens nor authorized permanent residents.
According to Trump’s executive order, only those who have at least one parent who is a citizen or permanent resident of the United States will be eligible for birthright citizenship. Additionally, it declares that children born to parents who are temporarily but lawfully in the nation would no longer be automatically granted citizenship.
The lawsuit contends that if the order is put into effect, infants who were born just a few days apart might have different citizenship statuses.
Aleman, an El Salvadorian lady from Lynnwood, has been in the United States since 2015 after being granted withholding of removal. She is due on March 26. Castillo, a Honduran lady from Seattle, applied for asylum and is currently facing deportation proceedings. March 19 is when she is due. Lopez, an El Salvadorian Bothell lady, has also applied for refuge. July 21st is when she is due.
Aleman is concerned that her unborn child would be the target of immigration enforcement and could be sent back to El Salvador, which she left for her personal safety, according to the declaration. According to the lawsuit, these women’s children might not have equal access to citizenship privileges including work authorization and education.
The lawsuit claims that the executive order is unconstitutional under the 14th Amendment and seeks the court to prevent Trump’s administration from implementing it.
Trump’s order claims that because they are not under U.S. jurisdiction, people whose parents are in the country illegally have traditionally been excluded under the 14th Amendment.
A request for comment Friday evening was not immediately answered by the U.S. Department of State.
-The Times of Seattle
