On Monday, President Donald Trump signed an executive order aimed at denying citizenship to children born in the United States to undocumented immigrants. This move seeks to reinterpret the 14th Amendment of the Constitution, which currently ensures citizenship for anyone born on U.S. soil, regardless of their parents' immigration status.
The executive order would only apply to future births, as stated by a member of Trump's team during a morning press briefing. If implemented, the policy would prevent the State Department from issuing passports to children born to undocumented parents and limit their recognition as citizens by the Social Security Administration. This could hinder their access to basic rights and restrict their ability to work legally in the country.
Eliminating birthright citizenship has long been a demand of conservative sectors in the United States. During his first term (2017-2021), Trump threatened similar actions but never executed such measures.
Reaction and Legal Challenges Expected
The White House has yet to outline how this policy would be enforced, but it is expected to face significant legal challenges. Many legal experts argue that such a move is unconstitutional, and the first lawsuits have already been filed against it.
The American Civil Liberties Union (ACLU) and other human rights organizations filed a lawsuit on Monday in the U.S. District Court for the District of New Hampshire. They stated that the order would stigmatize affected children and other citizens whose citizenship could be questioned due to their race or parental origins. According to these organizations, these children could face difficulties in obtaining identification documents, voting, working, or fully integrating into American society, despite being born in the United States.
Historical Context and Potential Alternatives
Altering the interpretation of birthright citizenship would ultimately require a constitutional amendment. This process involves a two-thirds majority in both the House of Representatives and the Senate, alongside the ratification by three-fourths of the states, explained Scott Bomboy, a historian at the National Constitution Center.
While exact figures are unavailable, a 2022 report from the Pew Research Center estimated that there are about 1.3 million adult Americans whose parents lacked legal status. Additionally, a 2018 Congressional Research Service report noted that although the current interpretation of the 14th Amendment recognizes children of undocumented immigrants as citizens, the Supreme Court has not definitively resolved this issue in the modern era, leaving room for potential legal challenges.
Understanding the Implications of Trump's Executive Order
What is the 14th Amendment?
The 14th Amendment to the U.S. Constitution grants citizenship to all persons born or naturalized in the United States, regardless of their parents' immigration status.
How could this executive order affect children born in the U.S. to undocumented parents?
If implemented, children born to undocumented parents may be denied U.S. citizenship, affecting their ability to obtain passports, work legally, and access other basic rights.
Are there any legal challenges to the order?
Yes, the ACLU and other organizations have already filed lawsuits claiming the executive order is unconstitutional and could stigmatize affected individuals.