Oregon Joins Legal Battle to Stop Trump’s Citizenship Order

Oregon has joined forces with three other states to stop President Donald Trump from stripping citizenship of children born to undocumented immigrants, or who were born to parents who were temporarily in the country.

Together with the attorney generals of neighboring Washington, Arizona, and Illinois, Oregon is seeking a restraining order to stop Trump’s executive order from becoming effective.

 

Trump Signs Executive Order to Overturn a Constitutional Right

Within hours of his inauguration, Trump signed an executive order aimed at overturning a constitutional right to exclude from citizenship any children born to undocumented immigrants, or to people who are legally but temporarily in the country.

The Fourteenth Amendment of the U.S. Constitution has existed for more than 150 years and guarantees citizenship to all people born in the country.

Oregon Attorney General Dan Rayfield described the president’s attempt to sidestep the Fourteenth Amendment as violating the Constitution.

Rayfield says that if Trump’s executive order is allowed to stand, it would break a law that has kept children safe and healthy for decades.

While the Attorney General concedes that the president has the right to issue executive orders, he does not believe that Trump’s power gives him the right to introduce policies that infringe the Constitution.

 

Oregon Governor Asks Legislature for Additional $2 Million to Fight Other Anticipated Lawsuits

Oregon Governor Tina Kotek has asked the Legislature to increase the Attorney General’s office budget by $2 million in anticipation of other federal lawsuits against Trump policies.

The attorney generals of the four states opposing the executive order have filed a lawsuit in the U.S. District Court in Western Washington. They are requesting a temporary restraining order to stop Trump’s executive order from taking effect.

The suit follows a separate complaint filed by 18 Democratic states – California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Vermont and Wisconsin.

 

Tens of Thousands of Children Will be Affected

Both lawsuits argue that Trump’s executive order will affect tens of thousands of children who will lose their rights and access to services. The states will lose federal funding to provide essential services, including basic health and foster care for children from low-income families.

 

Stripped Citizenship Will Create a New Underclass in the US

The lawsuit says people stripped of their citizenship will be left without documentation, and vulnerable to detention or removal from the country. Many would be left stateless, without a country to call their home. The lawsuit also contends that:

  • They will lose their right to free travel and re-entry into the US.
  • They will no longer be able to obtain a Social Security number (SSN) to work legally.
  • They will lose the right to vote, serve on juries, or be eligible to run for certain offices.
  • They will be placed into a situation of lifelong insecurity and instability.
  • They will become the new underclass in the United States.

 

Oregon Status Quo

In Oregon, 2,500 children were born in 2022 to mothers without legal status. Of those, 1,500 are the children of parents who both lack legal status.

The Oregon Health Plan covers all children younger than 19 who are from families that earn up to three times the federal poverty level. This concession is given regardless of immigration status.

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