On his first day back in office, US President Donald Trump issued several executive orders, including a controversial move to end birthright citizenship for children of parents without legal status. The decision has already sparked significant backlash, with immigrant and civil rights groups, including the American Civil Liberties Union (ACLU), filing lawsuits within hours of the announcement.
What Is Birthright Citizenship?
Birthright citizenship is the legal principle that grants citizenship automatically to individuals born in a country. In the United States, there are two forms of birth-related citizenship:
Birthplace-based citizenship (jus soli): Citizenship is granted to anyone born on US soil, regardless of their parents’ legal status.
Ancestry-based citizenship (jus sanguinis): Citizenship is extended to children born abroad to US citizens.
The principle of jus soli is enshrined in the US Constitution and has long been a cornerstone of American immigration policy.
What the Constitution Says
The 14th Amendment to the US Constitution, adopted in 1868 after the Civil War, guarantees birthright citizenship. It states:
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.
This provision was intended to ensure that children born in the US, including those of formerly enslaved individuals, were granted full citizenship rights.
However, Trump’s executive order argues for a narrower interpretation of the 14th Amendment. According to the order, the phrase "subject to the jurisdiction thereof" excludes certain groups, such as children born to parents who lack legal status or are in the US temporarily.
Who Is Considered Outside US Jurisdiction?
The order identifies two key groups who would be excluded from birthright citizenship:
Children born to mothers who were unlawfully present in the US at the time of birth, with fathers who were not US citizens or lawful permanent residents.
Children born to mothers legally in the US on temporary visas (e.g., student, work, or tourist visas), with fathers who were not US citizens or lawful permanent residents.
Additionally, the executive order specifies “traditional definitions” of gender, referring to mothers as “immediate female biological progenitors” and fathers as immediate male biological progenitors.
Who Will Be Affected?
The impact of this order could be significant, especially given recent immigration trends. According to the Pew Research Center, the US foreign-born population reached a record 47.8 million in 2023, with Mexico, India, and China being the largest sources of immigrants in recent years.
Trump’s policy would disproportionately affect immigrant families, including those from these countries, many of whom have children born in the US.
Legal and Political Hurdles
While Trump’s order directs federal agencies to reinterpret birthright citizenship more narrowly, it is likely to face significant legal challenges. Ending birthright citizenship would ultimately require a constitutional amendment, a process that demands approval from two-thirds of both the House of Representatives and the Senate, as well as three-fourths of US states.
Although Republicans currently hold majorities in Congress, achieving the required support for a constitutional amendment remains a daunting task.
A Longstanding Promise
Trump’s hardline stance on immigration is well-known. In 2018, during his first term, he expressed intentions to end birthright citizenship via executive order but never followed through.
The issue resurfaced during the 2024 presidential campaign, where Trump made it a key promise. After his victory, he reiterated his commitment to ending birthright citizenship, framing it as a priority for his administration.
In an earlier interview with NBC, Trump stated that children of undocumented immigrants should be deported along with their parents, even if they were born in the US. The only way you don’t break up the family is you keep them together and send them all back, he said.
Conclusion
Trump’s executive order has reignited a contentious debate over immigration and citizenship in the United States. As the legal battles unfold, the future of birthright citizenship remains uncertain, with far-reaching implications for millions of families across the country.
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