In a significant move to end birthright citizenship, Donald Trump, who was sworn-in on Monday as the 47th United States president had signed an executive order.
However, the effort is certain to face steep legal challenges, and a White House official previewing the executive orders on the condition of anonymity (to the Associated Press) provided no information on how Trump intends to carry it out.
It would be interesting to see if the unclear order will survive inevitable legal challenges.
What the US Constitution says:
The birthright citizenship, a constitutional right that guarantees citizenship to anyone born in the United States to automatically become an American citizen, including children born to someone in the country illegally or in the U.S. on a tourist or student visa. It’s a right enshrined in the 14th Amendment, ratified in 1868 in the wake of the Civil War and assured citizenship for all, including Black people.
The right guarantees citizenship to anyone born on US soil, regardless of their parents’ immigration status.
Legal experts have pointed out that this action could face immediate and intense legal challenges, as changing this aspect of the Constitution would typically require a constitutional amendment rather than an executive order.
Despite these obstacles, Trump has expressed confidence that his administration will press forward with this initiative, framing it as an essential reform to ensure that American citizenship is not exploited by individuals seeking to gain automatic citizenship for their children.
Public opinion on Birthright citizenship:
More oppose than favor changes to birthright citizenship Ending birthright citizenship would be legally challenging for Trump, and it’s also not popular. Relatively few Americans – about 3 in 10 – favor changing the Constitution so that children born in the U.S. are not automatically granted citizenship if their parents are in the country illegally, according to a January AP-NORC poll .
There’s a big partisan divide, with about half of Republicans supporting an end to birthright citizenship compared to about 1 in 10 Democrats.
Will the Birthright Citizenship end immediately?
Despite Trump siging an executive order, the constitutional right would not end immediately.
According to a White House release, the order applies to children, who are born in the country 30-days from the date of the order.