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NJ Leads Way in Trump Challenge

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The emblem behind the podium in the press conference room in the newly-renovated New Jersey Statehouse in Trenton on Wednesday, March 22, 2023.

(Trenton, NJ) – A multi-state coalition is suing to try and stop President Trump’s executive order aimed at adjusting US immigration policy. Trump has issued an order ending “birthright citizenship,” which in essence allows for so-called “anchor babies,” and has caused widespread debate concerning immigration.

For years the standing policy has been to recognize “birthright citizenship,” meaning if parents illegally immigrate to the US and a woman gives birth — that child is a US citizen. But many argue that’s bad policy, because it incentivizes this “anchor baby” phenomenon and results in an outsized number of illegal immigrants staying in the country because their children are citizens.

Now, New Jersey Attorney General Matthew Platkin leads the lawsuit against the executive order. Speaking for the 17 other states involved, Platkin said the move is “unconstitutional” and would harm children. His argument rests on the 14th Amendment, which is part of the Civil War amendments.

In the wake of chattel slavery, and humans brought to the US against their will in bondage, the 14th Amendment stated any child of a slave is a US citizen. Since then, legal scholars have debated whether or not the same policy should therefore apply to the children of people who came here of their own free will, via migration.

Platkin argues the issue is decided, pointing to 150 years of precedence. The multi-state coalition is suing to invalidate the executive order and obtain a temporary restraining order to stop it.

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