Trump’s End On Birthright Citizenship And Its Legal Ramifications

The concept of birthright citizenship, a big part of American identity since the ratification of the 14th Amendment in 1868, has once again become a subject of intense national debate. The current President recently issued an executive order seeking to significantly curtail birthright citizenship. As a result, this is igniting a firestorm of legal challenges and raising fundamental questions about citizenship, immigration, and the very definition of who is an American. At KAASS LAW, we believe in upholding the principles of due process and equal protection under the law. the following aims to provide a neutral and informative analysis of the President’s executive order on birthright citizenship, exploring its key provisions, the legal arguments for and against it, and the potential implications for individuals and families.

Understanding Birthright Citizenship

Birthright citizenship, also known as jus soli, is the principle that any person born within the borders of a country automatically acquires citizenship of that country, regardless of the parents’ citizenship or immigration status. In the United States, the 14th Amendment to the Constitution enshrines this right, stating, section 1: “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.”   

The President’s Executive Order: Key Provisions

The President’s executive order seeks to redefine the scope of birthright citizenship by reinterpreting the phrase “subject to the jurisdiction thereof” in the 14th Amendment. The order asserts that children born in the United States to parents who are not U.S. citizens or lawful permanent residents are not automatically granted citizenship. Specifically, the order targets:

• Children born to undocumented immigrants: The order explicitly denies birthright citizenship to children born in the U.S. to parents who are undocumented immigrants.
• Children born to parents with temporary legal status: The order also excludes children born to parents who are in the U.S. on temporary visas, such as tourist visas or student visas.

Legal Arguments For and Against the Order

The President’s executive order has sparked a fierce legal battle, with proponents and opponents offering contrasting interpretations of the 14th Amendment and its historical context:

Arguments in Favor of the Order:

• Original Intent: Proponents argue that the framers of the 14th Amendment did not intend to grant birthright citizenship to children born to individuals who were not “subject to the jurisdiction” of the United States, such as those residing in the country unlawfully.
• National Sovereignty: They contend that birthright citizenship encourages illegal immigration. Furthermore, this undermines national sovereignty by granting citizenship to children whose parents have not followed legal immigration procedures.
• Global Comparisons: Supporters point out that many other countries do not have birthright citizenship policies. They further argue that the U.S. should align its laws with international norms.

Arguments Against the Order:

• Plain Language of the 14th Amendment: Opponents argue that the plain language of the 14th Amendment is clear and unambiguous. As a result, this will be granting citizenship to all persons born in the U.S.
• Historical Precedent: They cite Supreme Court rulings, such as United States v. Wong Kim Ark (1898), which affirmed the principle of birthright citizenship for children born in the U.S. to non-citizen parents.
• Separation of Powers: Critics contend that the President does not have the authority to unilaterally redefine a constitutional right. This, they argue, is a matter for Congress to decide through legislative action.

Potential Implications and Uncertainties

The legal challenges to the President’s executive order are ongoing, and the outcome remains uncertain. If upheld, the order could have significant implications for:

• Families and Children: Children born in the U.S. to undocumented or temporary visa-holding parents would be denied citizenship. This can potentially create a class of stateless individuals and causing significant hardship for families.
• Immigration Policy: The order could lead to increased immigration enforcement and detention of families. As well as greater difficulty for undocumented individuals to adjust their status in the future.
• National Identity: The debate over birthright citizenship raises fundamental questions about American identity. Furthermore, seeking the meaning of citizenship in a diverse and evolving society.

KAASS LAW: Navigating the Complexities of Immigration Law

At KAASS LAW, we recognize the profound impact of the President’s executive order on individuals, families, and communities. We are committed to staying alert on legal developments surrounding this issue, such as the DOJ’s halt of legal aid in immigration court. Additionally, we strive on providing our clients with accurate and timely information. If you have questions about birthright citizenship or any other immigration-related matter, contact us today for a consultation. Our experienced immigration attorneys can provide guidance and support as you navigate the complexities of the U.S. immigration system.