ACLU head: 'We ain't going to lose' on birthright citizenship

Anthony Romero, the executive director of the American Civil Liberties Union (ACLU), said in a recent interview that opponents of President Trump's executive action against birthright citizenship will ultimately prevail against him in court.

Asked by The New Yorker during its "Radio Hour" podcast, Romero said birthright citizenship was the issue from the Trump administration he is most concerned about.

“They want to eliminate the right to citizenship if you are born here, which was established in the 14th Amendment. It’s also in the statute. It’s how we created American citizens out of the children of slaves,” Romero said. “For us in the civil rights community, this is hallowed ground.”

Directly after Trump signed the order upon reentering the White House last month, the ACLU filed a lawsuit challenging it.

Romero said that eliminating birthright citizenship would place an “enormous burden” on states to verify citizenship status for parents of newborns.

“So I think that’s why the [state] attorneys general are so key in this litigation as well,” Romero said.

Host David Remnick asked what would happen if the ACLU loses its legal challenge.

“We ain’t going to lose,” Romero replied.

“OK, but if you lose, that case would then be sent to the Supreme Court?” Remnick pressed.

Romero noted that the case would transition to a federal appeals court and then to the Supreme Court.

“I’ve never been this bold. I’ve been in my job 23 years. I don’t usually predict the outcome of our cases, because my heart’s been broken multiple times,” he said, but he added that this particular move from Trump is "really, really going a step too far," even for the conservative-majority Supreme Court.

Four federal judges so far have blocked Trump’s executive order to restrict birthright citizenship. A number of lawsuits, including the ACLU’s, have been filed looking to challenge the administration’s plan.

One judge noted that the issue could make it all the way to the Supreme Court, but also slammed Trump for not having a “legitimate interest” for handing down the order.

Romero noted that hundreds of thousands of people would be impacted by the order if it were to go into effect, saying the ACLU's offices are already seeing pregnant women concerned for their future baby’s legal status.

“The repercussions are enormous. If they were allowed to repeal birthright citizenship, that means that even people who are here lawfully, and whose kid is born here, would not be a U.S. citizen,” he said.