Donald Trump began his second term as President of the United States by issuing several executive orders, sparking widespread discussion and debate. Among these actions, his move to restrict birthright citizenship has become the most talked-about policy, marking a bold attempt to reshape a long-standing legal principle enshrined in the U.S. Constitution.
Trump signed an executive order targeting the automatic granting of citizenship to children born on U.S. soil to non-citizens, including those who are in the country illegally, as well as temporary residents such as tourists, students, and work visa holders.
Addressing the issue in the Oval Office, Trump called the practice of birthright citizenship “absolutely ridiculous,” adding, “We think we have very good grounds” for challenging it. While the executive order represents a significant shift in immigration policy, it is uncertain whether it will withstand the inevitable legal challenges, as the 14th Amendment to the Constitution guarantees birthright citizenship.
What is Birthright Citizenship?
Birthright citizenship, a principle rooted in the 14th Amendment, ensures that anyone born in the United States automatically becomes a U.S. citizen, regardless of their parents’ immigration status. The amendment explicitly 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.”
This principle has long been a cornerstone of U.S. immigration law, making Trump’s order a contentious and potentially divisive policy change.
Trump’s Executive Order Explained
The order, as shared on the White House website, argues that the 14th Amendment has been misinterpreted. It claims that citizenship does not automatically apply to everyone born in the United States, particularly those born to parents who are not U.S. citizens or legal residents.
The White House order states:
“The Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States… The Amendment has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof.’”
It further argues that historical interpretations of the 14th Amendment excluded certain groups, such as children of foreign diplomats and individuals in the U.S. unlawfully or temporarily, including tourists and students.
Legal and Constitutional Hurdles
Despite Trump’s assertion, the executive order faces significant legal challenges. Legal experts argue that the 14th Amendment clearly guarantees birthright citizenship and that the president’s authority to redefine constitutional provisions is limited. The ultimate fate of this policy will likely be decided in the courts, where constitutional interpretation will be at the forefront of the debate.
Broader Implications
Trump’s move to end automatic birthright citizenship aligns with his long-standing immigration policies aimed at restricting entry and rights for non-citizens. However, the policy’s reception remains divisive, with supporters lauding it as a step toward curbing illegal immigration and critics condemning it as a violation of constitutional rights.
As the legal and political battles unfold, Trump’s attempt to challenge birthright citizenship marks a pivotal moment in the ongoing debate over immigration and constitutional interpretation in the United States.
ALSO READ: Trump Signs Order To Launch Elon Musk’s DOGE Service: What’s Next?
