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Milwaukee immigrants fear impact as ACLU fights Trump citizenship order

January 21, 2025
Emily Pofahl - WISN

    MILWAUKEE (WISN) -- The American Civil Liberties Union is suing over President Donald Trump's executive order attempting to end birthright citizenship as immigrants in Milwaukee brace for changes coming from the new administration.

Experts say it's just the beginning of what could be a long legal battle.

Birthright citizenship is enshrined in the 14th Amendment of the Constitution and says that anyone born on U.S. soil is a U.S. citizen, no matter what their parents' immigration status is.

Some legal experts don't believe Trump can make such a drastic change with the swipe of a pen.

"The president does not have the power to contravene either a federal statute or a constitutional amendment or any part of the Constitution by executive order," said Marquette University adjunct assistant professor Patrick Sobkowski.

Sobkowski anticipated civil rights groups against the change suing to stop it. He said after a lengthy legal battle, the lawsuit could end up before the supreme court for them to decide if the executive order stands.

"It will absolutely complicate things if there is a huge seat change in regards to birthright citizenship," Sobkowski said.

While scholars debate its legality, immigrants in Milwaukee are worried.

Immigration attorneys at Sesini Law Group tell WISN 12 News that when their clients come to their office to meet about immigration proceedings, more and more have questions about how this new administration's stance on immigration policy will impact their day-to-day life.

"Really, it's whether or not they're going to be here. Whether or not the applications that they've filed will still be recognized," said Anthony Locke, an associate attorney at the firm. "If they're in any further danger of being removed just by the fact that they're here."

Locke and Sobkowski both said Trump cannot retroactively take away citizenship from children born to immigrants in the country illegally.

"Ultimately, this is going to be some of the stuff caught up in the courts over the next four years, I'm sure," Locke said.

Experts told WISN 12 News there is no official timeline for how long this executive order could be held up in the courts, just saying it's not likely to be implemented immediately.

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