President Trump’s birthright order was part of a series of measures aimed at enhancing security along the southern border. The order sought to eliminate automatic citizenship for children born in the U.S. if neither of their parents is a U.S. citizen or a lawful permanent resident. President Trump signed the order on his first day in office, January 20, with the implementation date set for after February 19.
Legal experts have raised concerns that the order may be in conflict with the 14th Amendment to the Constitution. The amendment clearly states that “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 in which they reside.”
Cody Wofsy, an ACLU lawyer representing pregnant Indonesian nationals, criticized Trump’s order as an extreme interpretation of presidential authority that would fundamentally change the fabric of the nation. Wofsy warned that children born to immigrant parents could face the risk of arrest, detention, and deportation due to lack of documentation, even if birthright citizenship were eventually upheld by the Supreme Court. He expressed concerns that the Department of Homeland Security might maintain records of arrests and detentions despite the children being confirmed as citizens.
Wofsy stated, “This executive order represents a direct attack on the Constitution and on the core American principle of birthright citizenship. It poses a threat to strip thousands of U.S.-born infants of their inherent membership in this society and could impose severe hardships on them and their families.”
In defense of the order, President Trump and his aides argued that the constitutional amendment was originally intended to aid former slaves after the Civil War and was not meant for the offspring of individuals who entered the country without proper authorization. Drew Ensign, a lawyer from the Justice Department defending the order, pointed to a previous Supreme Court ruling that denied birthright citizenship to Native Americans due to their dual allegiance to the U.S. and their tribes, suggesting that the children of foreign nationals should not automatically receive citizenship.
Ensign stated, “The executive order simply highlights the wording used by the Supreme Court in previous cases.” Various states and advocacy groups for immigrants have filed at least eight lawsuits across the country in opposition to Trump’s order.
This article was originally published on USA TODAY: “Trump’s Birthright Citizenship Order Blocked for the Third Time.”
