Politics
Opposing Trump's desire to end citizenship rights is a personal matter for this attorney general.
WASHINGTON For Connecticut Attorney General William Tong, President-elect Donald Trump's promise to end citizenship rights is more than just a provocative anti-immigration policy likely to be blocked by the courts.
It's personal.
Tong, 51, a Democrat who has served as the state's top legal official since 2019, is the son of immigrants who came to the United States from China and Taiwan.
He is the first member of his family to be born on American soil and the first Asian American to be elected to statewide office in Connecticut.
“I grew up working side-by-side with my parents in our family's Chinese restaurant, and within a generation I went from cooking in that Chinese restaurant to serving as Attorney General of the State of Connecticut,” he said. he declared in an interview. This only happens in one place in this world, and that is America.
On the campaign trail, Trump promised to take steps to end citizenship rights on the first day of his second term, a move that would immediately lead to legal challenges.
I'll be the first to sue, Tong promised.
He is one of 23 Democratic attorneys general likely to be regular opponents of Trump on a variety of issues, from immigration and LGBTQ rights to environmental policy and abortion, just as many were in the first Trump administration.
Similarly, Republican attorneys general have regularly filed lawsuits to block President Joe Biden's policies, winning major victories on issues such as canceling student debt and requiring vaccinations or Covid testing for businesses.
The fight over birthright citizenship could be a battle that opponents have a good chance of winning, even with a conservative Supreme Court that includes three Trump-appointed justices.
The vast majority of legal scholars believe that there is no real legal dispute over the guarantee of birthright as provided for in the 14th Amendment to the Constitution.
All persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States, the amendment states.
James Ho, now a Trump-appointed judge on the 5th U.S. Circuit Court of Appeals and considered a Supreme Court nominee if Trump had a vacancy, wrote an article in 2006 rejecting the assertion that children of undocumented immigrants should not be considered. citizens.
Birthright citizenship is guaranteed by the Fourteenth Amendment. This birthright is no less protected for the children of undocumented people than it is for the descendants of Mayflower passengers, he wrote.
Ho himself was born in Taiwan and immigrated to the United States with his parents.
Trump said he would sign an executive order ensuring that children born to parents without legal status in the United States will not be considered U.S. citizens.
At least one parent would have to be a citizen or legal resident for a child to receive birthright citizenship, Trump said in a video announcing the plan last year. He said the policy would not apply retroactively.
A Trump spokesperson did not respond to a request for comment on plans underway to counter his efforts. The administration could try to implement the policy, triggering a legal battle, by ordering federal agencies to block people from obtaining passports or Social Security numbers.
Proponents of limiting birthright citizenship argue that language in the 14th Amendment referring to granting citizenship to persons subject to United States jurisdiction does not include the children of undocumented immigrants.
Conservatives have embraced the idea of declaring migrants crossing the southern border a form of invasion, a move that could lead to them being treated more like enemy combatants than migrants. Texas Governor Greg Abbott took this approach, which led to conflicts with the Biden administration.
A statement along these lines from Trump could be used to defend a policy to end automatic birthright citizenship, an approach that Justice Ho highlighted in remarks made after the November election that appeared to backtrack on his previous point of view.
He said birthright citizenship obviously does not apply in the event of war or invasion.
Cecillia Wang, legal director of the American Civil Liberties Union, which is also preparing to sue Trump over citizenship rights and other policies, said calling immigration a form of invasion reflects a nationalist view white which is not supported by the facts.
“I don't think any theory about the so-called invasion… should be brought to court,” she added.
In Tong's view, any limitation on birthright citizenship would be a violation of the 14th Amendment.
What the law says is more than clear, he said, and it will become real when people's lives and communities are affected, or worse, destroyed if Trump's plan goes into effect.
He was quick to cite the experience of his parents, who fled for their lives before reaching the United States and settling in Connecticut.
Let's stop talking and recognize that we were Americans. Everyone is as American as anyone else, Tong added. I mean, this goes to the heart of our constitutional foundation, the 14th Amendment.
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