REDEFINING THE U.S. CITIZENSHIP BIRTHRIGHT BY AN EXECUTIVE ORDER

A recently released Executive Order of President Trump would have impact on the birthright citizenship of children who do not have at least one legal permanent resident or U.S. citizen parent.

In January, President Donald Trump signed an executive order aimed at redefining birthright citizenship. The order stipulates that children born in the United States would only be granted citizenship if at least one parent is a U.S. citizen or legal permanent resident. This directive represents a major departure from the way birthright citizenship has been interpreted for the last century in the U.S. and is currently facing legal challenges in multiple federal courts. Up until the date of this newsletter, every court has blocked Trump’s Executive Order.

The 14th Amendment of the Constitution of the United States establishes: 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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Three federal judges from different states (Massachusetts, Maryland, and Seattle) have already blocked Trump’s Executive Order nullifying birthright citizenship. The administration has requested the Supreme Court to allow it to enforce the Executive Order, urging the justices to at least partially block the preliminary injunctions that bar the enforcement of the Executive Order. Challengers shall respond by April 4.

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