Trump And Birthright Citizenship: Know It All Now
President Trump has issued a series of executive orders, marking a significant move from the White House. Among these directives is a controversial measure aimed at revoking birthright citizenship for children born in the United States to parents who hold unlawful or temporary status. Trump’s latest initiative echoes a proposal from his first term, yet most legal experts concur that he lacks the authority to implement it unilaterally. During Trump’s administration, a wave of legal challenges emerged, with at least four distinct lawsuits filed by various coalitions. These included nearly two dozen state attorneys general, a collective of pregnant mothers, and immigrants’ rights organisations, notably the American Civil Liberties Union (ACLU).
Birthright citizenship, enshrined in the Constitution, lies at the very heart of America’s identity and values. In a surprising turn of events, just days after the executive order was signed on Monday, a federal judge stepped in to temporarily block its implementation, which was originally set to begin on February 19. U.S. District Judge John Coughenour characterised it as “blatantly unconstitutional.” In a bold move, Trump addressed the potential legal hurdles surrounding his birthright citizenship order. As he put pen to paper, he recognised the likelihood of challenges but confidently asserted, “We think we have good grounds” to proceed with the initiative.
The 14th Amendment of the Constitution declares that “all persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This pivotal clause underscores the foundational principles of citizenship and equality in American society. Ratified in 1868, this pivotal amendment aimed to grant citizenship to those who had been formerly enslaved, marking a significant step forward in the aftermath of the Civil War. The principle of birthright citizenship, granting citizenship to all individuals born on U.S. soil, including the children of immigrants, has stood as a fundamental pillar of American democracy for more than a hundred years. This vital tenet traces its roots back to the pivotal 1898 Supreme Court case, United States v. Wong Kim Ark, which set a significant precedent in the legal landscape of the nation.
In a bold move, Trump’s executive order declares that children born to parents lacking legal status in the United States fall outside the realm of U.S. jurisdiction, consequently denying them the right to U.S. citizenship. The directive further encompasses children born to parents holding temporary legal status in the United States, including those who are foreign students or tourists.
Throughout history, the call to revoke birthright citizenship has echoed in the political arena, and Trump is certainly not the first to raise this contentious issue. Since 1991, a series of bills aimed at abolishing birthright citizenship have made their way through Congress, yet none have successfully transitioned into law.
Donald Trump faces backlash for his executive order aimed at terminating birthright citizenship for individuals born in the U.S. to parents residing in the country illegally, a move he describes as undermining a “most precious right.” Ratified in 1868, the 14th Amendment to the U.S. Constitution stands as a pivotal declaration of the rights and privileges that define American citizenship. Conservative legal scholars contend that the interpretation of the 14th Amendment has strayed from its original intent, asserting that it was never meant to confer citizenship upon the offspring of visitors.
According to data from 2022, the Pew Research Centre reveals a striking statistic: approximately 1.3 million U.S.-born adults are the children of immigrants who lack legal status. In recent years, there has been a noticeable decline in the number of babies born in the U.S. to immigrants who entered the country illegally. Concerns are mounting among advocates for immigrant rights regarding the potential implications of Trump’s order. The ripple effects could extend across multiple generations, as children born to unauthorised immigrants face the same classification, effectively contributing to the expansion of the unauthorised immigrant population within the nation.
According to insights from the Migration Policy Institute, projections indicate that by the year 2050, the United States could see a staggering 4.7 million unauthorised immigrants who were born on American soil. Among this group, an estimated 1 million individuals will have the distinction of being the children of two U.S.-born parents. The potential consequences of this situation may result in multigenerational groups of individuals lacking full membership in the governments that govern them. In certain instances, this can lead to individuals becoming stateless, raising significant concerns about their rights and identity. The potential abolition of birthright citizenship extends far beyond personal ramifications, casting a long shadow over the fabric of American society. Legal status and the ability to work within the U.S. not only facilitate integration but also empower individuals to flourish and make meaningful contributions to the nation, its economy, and the democratic process.
In a significant legal development, US District Judge Deborah Boardman has issued a second nationwide injunction against President Donald Trump’s executive order aimed at terminating birthright citizenship for children born in the United States to parents residing in the country illegally. The judge emphasised that citizenship is a “most precious right,” highlighting the importance of this issue in the ongoing national discourse. Boardman emphasised that citizenship represents a “national concern that demands a uniform policy,” asserting that only a nationwide injunction can deliver comprehensive relief to the plaintiffs.
