
President Donald Trump
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President Donald Trump has issued an executive order aimed at redefining the scope of birthright citizenship in the United States.
This directive is part of a wider initiative focused on reducing both undocumented and legal immigration, potentially altering the established principle of jus soli—the legal doctrine that grants citizenship to almost anyone born on the US soil. The implications of this executive action raise critical concerns about the future of citizenship rights, particularly regarding marginalized communities, especially those of colour.
Birthright citizenship is fundamentally rooted in American civil rights and is explicitly established by the 14th Amendment to the Constitution. This amendment 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 doctrine has evolved from English common law, which recognized the rights of individuals born on sovereign territory.
The 14th Amendment was enacted in response to the Dred Scott decision of 1857, which denied citizenship to Black people, and it has become a critical pillar supporting jus soli in the United States. The US judiciary has historically upheld this principle in significant cases. A pivotal moment occurred in 1898 when the Supreme Court ruled in United States v. Wong Kim Ark, affirming that citizenship cannot be denied based on the immigration status of one’s parents.
This ruling established a vital precedent, reinforcing the idea that birthright citizenship is protected from arbitrary administrative changes. Trump's executive order proposes to exclude the children of undocumented immigrants and those on temporary visas from automatic citizenship. By demanding that at least one parent possess lawful permanent residency for their child to be granted citizenship, the administration seeks to redefine the immigration paradigm.
Additionally, the order aims to prohibit federal recognition of citizenship documentation for these children, thus challenging established civil rights norms. While the executive order has sparked intense debate regarding the legitimacy of birthright citizenship, its legal viability faces considerable challenges. Experts warn that attempts to alter or dismantle constitutional rights via executive action are likely to encounter significant obstacles in court.
The Citizenship Clause remains a constitutional guarantee, and any modifications would probably lead to extensive litigation, potentially culminating in a Supreme Court review. Legal scholars emphasize that despite potential political motivations behind this order, the entrenched legal protections for birthright citizenship render any major changes unlikely.
Furthermore, the Trump administration is reportedly exploring alternative strategies to curtail birthright citizenship outside of legislative processes. Discussions are underway regarding imposing stricter regulations on short-term visas issued to pregnant individuals, which could limit access to the US hospitals for childbirth and effectively sidestep the citizenship question.
As the nation contemplates shifting interpretations of citizenship and immigration policy, the ramifications of this executive directive extend beyond its immediate legal effects.
The convicted felon does not have power to do that, can’t override the Constitution with an executive order! It will be challenged and overturned!!! Just a political stunt!!!