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Legal revolt against Trump: appeals on ‘birthright citizenship’ and controversial Doge department
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22 states, civil associations and unions oppose Trump’s decisions, including the suspension of ius soli and the new government efficiency department led by Elon Musk
Donald Trump’s presidency immediately found strong legal opposition on two fronts: the controversial executive order to suspend the right of citizenship at birth, known as birthright citizenship, and the establishment of the Doge department, entrusted to Elon Musk to reduce government spending.
The battle over citizenship rights
At least 22 Democrat-led states and the cities of Washington D.C. and San Francisco have filed appeals against Trump’s executive order to revoke the constitutional right of citizenship for the children of undocumented immigrants born in the United States. This principle, enshrined in the 14th Amendment of the Constitution since 1868, guarantees that ‘every person born or naturalised in the United States’ is considered an American citizen.
Among the plaintiffs was the American Civil Liberties Union (ACLU), which called the order ‘unconstitutional’ and contrary to the country’s founding values. Anthony Romero, executive director of the ACLU, said: ‘Denying citizenship to children born in the United States is a cruel repudiation of American principles. We will not allow this attack on future generations to go unanswered’.
According to the complaint filed in New Hampshire, the executive order violates both the 14th Amendment and the Administrative Procedures Act. Trump, for his part, stated that the measure is only intended to affect the children of undocumented migrants, who should no longer benefit from automatic citizenship.
Zero tolerance on immigration
Acting Homeland Security Secretary Benjamine Huffman announced drastic measures, including the possibility for federal authorities to conduct raids in schools and churches, ending the protection of so-called ‘sensitive areas’. Huffman justified this by stating: ‘Criminals will no longer be able to hide in schools and churches to avoid arrest. Our law enforcement agencies will no longer be hindered’.
The Doge: a controversial department
Another front of opposition concerns the Doge, the new government efficiency department wanted by Trump and led by Elon Musk, flanked by Vivek Ramaswamy. The department aims to cut government spending by $2 trillion, but critics point out the lack of balance and transparency.
Three organisations – Public Citizen, American Public Health Association and National Security Counselors – have filed legal challenges, claiming that the Doge violates the Federal Advisory Committees Act, which requires balanced composition and transparency in meetings.
The public employees‘ and teachers’ unions, among those most affected by the cuts, support the appeals. The Center for Biological Diversity has also requested access to public documents revealing interactions between Doge members and the White House.
Protests against a one-sided view
According to the National Security Counselors, ‘the composition of the Doge represents only one view: that of anti-government crusaders with ties to the technology industry or the Republican Party’.
In the meantime, the Doge has already begun operating at SpaceX’s Washington headquarters, heightening concerns about an acceleration of cuts without due scrutiny.
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