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Home News Trump’S Effort To End Birthright Citizenship: What It Means And How It Could Impact U.S. Law

Trump’S Effort To End Birthright Citizenship: What It Means And How It Could Impact U.S. Law

by Celia

President Donald Trump has introduced a new executive order that aims to reinterpret birthright citizenship, a principle that has been part of U.S. law for over 150 years. Here’s a breakdown of birthright citizenship and the potential changes under Trump’s order.

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What is Birthright Citizenship?

Birthright citizenship means that anyone born in the U.S. automatically becomes a U.S. citizen. This right comes from the Citizenship Clause of the 14th Amendment, which was added to the U.S. Constitution in 1868. The clause 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.” The Immigration and Nationality Act of 1952 also uses similar language to define U.S. citizens.

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As of January 2022, there were an estimated 11 million immigrants living in the U.S. without legal status, with some estimates now ranging from 13 million to 14 million. Their U.S.-born children are considered U.S. citizens. Trump has criticized foreign women who come to the U.S. to give birth, which results in their children gaining citizenship.

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Are There Exceptions to Birthright Citizenship?

Yes. Children born to foreign diplomats with diplomatic immunity are not U.S. citizens because they are not subject to U.S. jurisdiction.

What Does Trump’s Executive Order Propose?

Trump’s order proposes that children born in the U.S. to parents who are in the country unlawfully, or whose parents are not citizens or lawful permanent residents, should not be automatically granted citizenship. This also applies to children born to parents who are in the U.S. lawfully but temporarily, such as those on student or tourist visas, if their parents are not U.S. citizens or lawful permanent residents.

What Has the Supreme Court Said About Birthright Citizenship?

The Supreme Court has not ruled on whether birthright citizenship applies to U.S.-born children of illegal immigrants. The most significant case on birthright citizenship came in 1898 when the Court ruled that a U.S.-born child of Chinese immigrants was a citizen. The case, Wong Kim Ark, confirmed that anyone born in the U.S. was a citizen, even if their parents were not U.S. citizens.

The Court also ruled in 1884 that John Elk, a U.S.-born Native American, was not a citizen because he was born into a Native American tribe. In 1924, Congress granted U.S. citizenship to all Native Americans.

Opponents’ Views on Birthright Citizenship

Some scholars argue that the 14th Amendment’s phrase “subject to the jurisdiction” of the U.S. excludes people who are in the country illegally and their children. They claim these individuals and their U.S.-born children should not automatically be granted citizenship. Trump’s order echoes this argument by asserting that such people are not subject to U.S. jurisdiction because of their parents’ status.

However, many scholars disagree with this interpretation. They point out that people in the U.S. illegally are still subject to U.S. laws, unlike diplomats, who have immunity.

Legal Challenges to Trump’s Order

The Trump administration’s order has faced immediate opposition. Eighteen states led by Democrats, along with the District of Columbia, have filed a lawsuit seeking to block the order. The states argue that Trump’s executive order violates the Constitution’s 14th Amendment, exceeds his executive authority, and conflicts with existing immigration laws.

Immigration advocacy groups have also joined the legal challenge. If courts uphold the constitutional protection of birthright citizenship, any changes would require a constitutional amendment. Changing the Constitution is a lengthy process, requiring approval by two-thirds of both congressional houses and three-quarters of state legislatures.

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