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President Donald Trump has signed an executive order aimed at ending automatic birthright citizenship for children born in the United States to undocumented immigrants.
This directive challenges the long-established interpretation of the 14th Amendment, which has guaranteed citizenship rights for over 150 years. Set to take effect in 30 days, this order will bar federal agencies from issuing citizenship documents to children whose parents do not have US citizenship or lawful permanent residency, setting the stage for a potential legal confrontation over this constitutional provision.
President Trump argues that the 14th Amendment has been misinterpreted, asserting, "The 14th Amendment has never been interpreted to universally grant citizenship to everyone born in the United States." Under the new rule, children born to undocumented immigrant parents will cease to be recognized as US citizens at birth.
This policy shift is expected to have significant repercussions for immigrant families. For these families, birthright citizenship has been a critical component in their immigration strategy, enabling US-born children to eventually secure legal status for their parents. The impact of the new directive is immediate for immigrant couples residing in the US on non-immigrant visas.
An immigration lawyer notes that under this executive order, a child born to parents in such circumstances would not be eligible for a US passport, leading to far-reaching disruption for families already facing immigration complications. The loss of birthright citizenship removes a vital safety net for children and may compel families to reconsider their immigration plans, with the possibility of returning to their countries as their visas near expiration.
Legal experts widely anticipate that this executive order will encounter formidable opposition in the courts. Greg Siskind, co-founder of the immigration law firm Siskind Susser, characterizes the order as "stunningly unconstitutional." He explains that the 14th Amendment’s phrasing, "subject to the jurisdiction thereof," has been interpreted to include nearly all individuals born on the US soil, excluding only the children of diplomats or enemy occupiers.