President Donald Trump and his administration have made historic moves, signing an executive order attempting to revoke birthright citizenship. The executive order will prohibit children from claiming citizenship if one parent is “unlawfully present in the United States.” This includes parents whose presence in the United States (U.S.) was “lawful but temporary” through documentation such as a work visa.

Courtesy of The White House

Birthright citizenship is a constitutionally protected right granting individuals born in the U.S. immediate citizenship. The right is safeguarded by the 14th Amendment which states that “all persons born or naturalized in the United States are citizens of the United States and of the State wherein they reside.” 

On Jan. 20, the Trump Administration set the parameters by which individuals can claim the birthright. The edict states that in order for an individual to qualify as a citizen they must have at least one parent who is a citizen or a lawful resident, claiming that the amendment does not apply to individuals whose parents are non-citizens.   

The motion to end birthright citizenship has prompted a wave of lawsuits. On Jan 20, the American Civil Liberties Union (ACLU) filed a lawsuit charging the Trump Administration with disregarding the Constitution, calling the edict reckless and ruthless. On Jan. 21, 18 states filed a lawsuit in the United States District Court for the District of Massachusetts, claiming that President Trump’s initiative violated the 14th Amendment. 

In the lawsuit, California Attorney General Rob Bonta called the executive order “un-American.” Later that day, federal Judge John Coughneour in Seattle, set a temporary restraining order blocking the President’s mandate after four more states filed their own lawsuit in Washington state directed towards the executive order. 

Republican representatives who are sympathetic to Trump’s efforts have begun proposing bills to support the executive order. Rep. Brian Babin (R-Texas) introduced a bill claiming to reestablish the 14th Amendment to “its original purpose”, by only granting citizenship to individuals that have at least one parent who is a lawful U.S. resident.

Babin claimed that the executive order marked a “critical step forward” and that these

Courtesy of Wikimedia Commons

“reforms” must be solidified and codified. Other Republicans disagree with the motion. Rep. Carlos Gimenez (R-Fla), representing Florida, believes that if an individual is born in the U.S. they are automatically an American citizen. He insists that the 14th Amendment has made this “pretty clear cut” and that no President has the power to roll back this right.   

Birthright citizenship has been a core American value with its roots tracing back to the Antebellum period. The issue of whether enslaved people qualified for U.S. citizenship arose in 1857 when the U.S. Supreme Court ruled 7-2 majority against Dred Scott, an enslaved person. 

The Court’s decision stated that Black people were not entitled to citizenship due to perceived inferiority. The Dred Scott decision was overturned after the Civil War, when Congress ratified the 14th Amendment in 1868, guaranteeing citizenship for all individuals born on U.S. soil, including formerly enslaved people. The Amendment prohibits any state from enforcing laws that would “abridge the privileges or immunities of citizens of the United States.”

President Trump’s proposal to end birthright citizenship could impact approximately 1.3 million Americans who are born to undocumented parents, including H-1B work visa holders. However, the longstanding legal history of the 14th Amendment continues to raise criticisms and debate over legality of this executive order.

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