Trump's challenge to birthright citizenship aims at Constitution's 14th amendment

The American Civil Liberties Union, eighteen states, and two cities already filed a lawsuit against the order.

Trump's executive actions are heading to court. One of his actions directly challenges the way the U.S. Constitution has been interpreted when it comes to immigration and whether someone born in America should be an American citizen.

Trump's executive order matches what some conservative groups have pushed for throughout the past decade, believing birthright citizenship encourages people to come to the United States illegally only to have children.

The 14th Amendment to the U.S. Constitution states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States…”

Trump's executive order - titled "Protecting the Meaning and Value of American Citizenship" - leans in to challenge the second part of that phrase stating: The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not “subject to the jurisdiction thereof.” In short, they argue that non-citizens are not subject to U.S. jurisdiction.

The order was one of several immigration actions signed hours after he took the oath of office, taking effect for anyone born after 30 days of his signature. The legal fight will likely head all the way to the U.S. Supreme Court.

“As commander and chief I have no higher responsibility to defend our country from threats and invasions and that is exactly what I’m going to do," said Trump.

The American Civil Liberties Union, eighteen states, and two cities already filed a lawsuit against the order. Sarah Mehta, the ACLU senior border policy counsel believes their goal is "to redefine who is a part of our community and who is entitled to equal rights.”

The ACLU held a press conference Tuesday afternoon.

Cody Wofsy, an ACLU lawyer said the Trump DOJ's lawyers are wrong in their interpretation of "subject to the jurisdiction thereof."

“All that means is people that are subject to our laws. If you break the rules the government can enforce them against you. There’s a very narrow exception for the children of diplomats. Other than that, birthright citizenship is the rule for everyone," said Wofsy.

The State of Texas likely has very detailed information about how many babies are born to immigrants living here illegally. Last August, Governor Abbott ordered the state to collect information on immigrants using public hospitals.