Rita Odafe
Trump Moves to End Birthright Citizenship
On January 20, Donald Trump, the 47th President of the United States, enacted an executive order focused on terminating birthright citizenship in the country. This decision comes despite the established legal understanding that the Constitution grants citizenship to anyone born on U.S. soil.
The executive order instructs federal agencies to disregard U.S. citizenship for children born in the U.S. to mothers who are illegally present or are in the country on non-permanent visas, particularly if the father is not a U.S. citizen or a lawful permanent resident.
According to this order, children who are born in the U.S. will not be entitled to citizenship, nor will they receive passports, if at least one of their parents is not a U.S. citizen or a green card holder, starting 30 days after the order is signed.
Historically, the Supreme Court has established that children born to foreign parents in the U.S. are American citizens in accordance with the 14th Amendment, except for the unique situation where both parents are diplomatic officials enjoying immunity under U.S. law.
However, certain legal experts advocating for stricter immigration measures argue that the 1898 ruling has been broadened beyond its intention, suggesting that the current Supreme Court might permit the government to impose tighter citizenship regulations. There’s uncertainty regarding whether Trump possesses the authority to initiate such changes without Congressional support.
Shortly after the order’s signing, immigrant advocates initiated a lawsuit in federal court in New Hampshire. This action, taken on behalf of Indonesian migrants and other groups representing various communities, including Latinos and Dreamers—young individuals brought to the U.S. illegally as children—marking the beginning of anticipated legal challenges against Trump’s order.
Officials from states like California and Illinois have indicated their plans to contest the order legally, which was publicized ahead of time.
The New Hampshire lawsuit argues that this recent measure conflicts with the 14th Amendment of the Constitution and federal legislation established for over 80 years. It states: “Neither the Constitution nor any federal statute confers any authority on the President to redefine American citizenship.” Furthermore, it asserts that Trump’s attempt to restrict birthright citizenship exceeds his presidential powers and violates both constitutional and federal statutes.
The plaintiffs, which include organizations like the American Civil Liberties Union and the NAACP Legal Defense & Educational Fund, warn that if enforced, Trump’s order may potentially make some children stateless.
