Nivida, an immigrant from Honduras who is in her late 20s, expects to give birth to a boy in April. What would normally be a time of excitement for her growing family is instead shadowed by a deep fear that they will be torn apart.
President Donald Trump’s executive order restricting birthright citizenship could mean their baby would be left without the same rights as their other child, who was born in Louisiana as an American citizen.
Nivida is from Honduras and her husband is from Mexico, they currently live in Louisiana. Her husband has an open application for a special visa for victims of a crime that could eventually lead to lawful permanent residency, a process that could take years, according to Nivida and court documents from the advocacy group representing her case. She had an initial asylum application in the immigration court that was recently dismissed, according to Nivida the court documents, but is still able to file another asylum case with the U.S. Citizenship and Immigration Services.
“I don’t want them to take away the citizenship of innocent babies born here, it shouldn’t matter the status of their parents, their race, their color, they shouldn’t be discriminated against,” said Nivida in Spanish, who asked that her full name not be used out of fear of immigration reprisal and her safety. “I believe violating the protection that the Constitution gives to a child born here is violating his or her rights as an individual.”
Last week, the Asylum Seeker Advocacy Project, the immigrant services organization CASA and the Institute for Constitutional Advocacy and Protection at Georgetown Law filed a lawsuit on behalf of five pregnant women and ASAP and CASA’s members against Trump’s executive order limiting birthright citizenship, which he called “Protecting the Meaning and Value of American Citizenship.” The Department of Justice did not immediately respond to a request for comment about the lawsuit.
About two dozen states have also filed lawsuits against the Trump administration contesting the order, which experts say violates the 14th Amendment, which says, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Nivida, who is a member of ASAP, said she decided to speak out on behalf of the thousands of pregnant women and their babies who will be impacted by the order if it’s allowed to take effect in late February. She and others came to the United States seeking protection and stability but now find their unborn babies’ futures uncertain, according to the lawsuit.
Trump’s executive order attempts to limit birthright citizenship to people who have at least one parent who is a United States citizen or permanent resident. It also states that those born to parents who are in the country legally, but temporarily, will no longer be automatically guaranteed citizenship, including high-skill work visas like the H1B and student visas like the F1. But legal experts say the true scope of the order is unclear and could lead some children to be temporarily stateless.
Meny, a pregnant asylum seeker from Honduras who is also a member of ASAP, said the order “creates a lot of uncertainty, a lot of fear” and has taken an emotional toll on her family.
She and her partner both have open asylum cases claiming political persecution before USCIS, have been legally working in California and are “very grateful to this country because really we have had so many great opportunities here,” said Meny, who is in her mid-30s and asked that her full name not be used out of fear of immigration reprisal.
“The news is very shocking, we really hope it doesn’t come to be,” she said in Spanish. “As moms, of course we want what’s best for our children. It’s a great concern.”
Meny, who is due in July, said she feels desperate thinking of her baby’s future and the rights her child may not have as Trump enacts his anti-immigration agenda. Meny said that as an asylum seeker fleeing prosecution, returning to her home country is not an option.
“Being immigrants doesn’t mean we’re enemies of this country. The majority of us come here for reasons of survival,” she said.
Liza and her husband, who are Russian immigrants, are expecting their first child in May. She heard from a friend that Trump was considering restricting birthright citizenship, but thought, “no, it can’t be true” as she understood the right to be a part of the U.S. Constitution.
“My husband and I were shocked that it actually happened,” said Liza, who has asked that her full name not be used for fear of immigration reprisal, adding that the two couldn’t wrap their minds around the fact “that this is going to be reality.”
Liza, one of the five women who are plaintiffs in the lawsuit, said her husband has an open asylum case because of persecution in Russia and she is currently on a student visa while getting her master’s degree. Liza, who is in her late 20s, said she fears her baby will be left stateless if her child is denied birthright citizenship as they do not feel safe applying for Russian citizenship for their baby as asylum seekers fleeing Russia. As a former independent journalist in Russia, Liza and her family are fleeing persecution and said “I don’t really have an option to go back there.” Even though there is a Russian Embassy in the United States, she said it is not safe for her and her husband to go there as asylum seekers.
She said her biggest fears are that she and her family may be “arrested, deported, taken back to Russia, and the baby will be, will be separated from us.”
Last week, a federal district court judge temporarily blocked Trump’s executive order. In that case, Trump’s Justice Department lawyers told the judge that the birthright citizenship order was an “integral part” of Trump’s efforts to “address this nation’s broken immigration system and the ongoing crisis at the southern border.”
Nivida, Meny and Liza all said they were shocked when Trump issued the order as it shook their belief in the Constitution and the rule of law in the United States.
Liza said she was still hopeful in the court system of the United States as “those courts are not like courts in Russia who do whatever they are told to do.”
When Nivida first heard Trump’s promise to end birthright citizenship on the campaign trail, she said she was not yet alarmed because of the faith she had in America’s democracy and the rule of law.
“These were things I really admired. Now, I have a lot of doubts,” she said.
The post The pregnant women who fear Trump’s birthright citizenship order appeared first on NBC News.
