US President Donald Trump has signed an executive order to end birthright citizenship, a right guaranteed by the US Constitution and upheld by the Supreme Court for over 125 years.
In his inaugural address, Trump stated, “As commander in chief, I have no higher responsibility than to defend our country from threats and invasions, and that is what I’m going to do.”
His attempt to end birthright citizenship has been met with opposition, as it contradicts the 14th Amendment to the Constitution, which states, “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
Trump’s executive order directs federal agencies to stop issuing passports, citizenship certificates, and other documents to children born in the US to undocumented mothers and fathers who are not citizens or legal permanent residents.
The order also applies to children born to mothers with temporary visas and fathers who are not citizens or legal permanent residents.
The American Civil Liberties Union and other advocacy groups have already filed a lawsuit challenging the action in federal court, just hours after the order was issued. Trump’s move has also been criticized for its potential impact on immigrant families, particularly those with children born in the US.
According to experts, the order is unlikely to withstand legal challenges, as it goes against the well-established right of birthright citizenship.
Russell A Stamets, a partner at Circle of Counsels, noted that the right is “well-established under US law, deriving from the 14th Amendment to the Constitution and a leading judgment in a 19th-century case”.
Rohitaashv Sinha, a partner at King Stubb & Kasiva, Advocates and Attorneys, explained that children born to Indian parents with green cards or on H-1B visas may not automatically acquire US citizenship, potentially inheriting their parents’ citizenship instead.
