The American Civil Liberties Union of Maine is one of the groups behind the case against President Donald Trump's executive order ending birthright citizenship that's now before the Supreme Court.
In the order, signed on the first day of Trump's second term, the President says automatic birthright citizenship should not apply to children whose parents are unauthorized immigrants or lawfully present but on temporary visas.
The ACLU of Maine's chief counsel, Zach Heiden, said if the order is upheld, it would force Maine and other states to determine on a case-by-case basis whether each newborn is eligible for citizenship.
"They would have to ascertain, what is the parent's domicile or parent's intent to remain for the children that they've just given birth to? And how would they do that? How is that test even administered? Because this is a rule that's never existed under American law," Heiden said, add that he's cautiously optimistic the court will rule against the President, based on the justices' questions during oral arguments Wednesday.
"The justices were engaged with the meaning of the Constitution as it was understood in the 1860s when the citizenship clause was enacted," he said. "They were looking at the words of the people who wrote the clause."
Heiden expects the Supreme Court to issue a ruling sometime in late June.
The ACLU of Maine is bringing the legal challenge in collaboration with the national ACLU, the Legal Defense Fund, the Asian Law Caucus, and other groups, arguing the President's order violates the 14th Amendment.
