As he promised during his campaign, President Donald Trump began taking action against immigration from his first day in office. Among them are the declaration of a national emergency at the United States-Mexico border, suspending the United States Refugee Admissions Program, and ending birthright citizenship.<\/p>\n
Although the latter is one of the most controversial actions because it is unconstitutional, Trump's order instructs federal agencies not to recognize children born on U.S. soil if at least one parent is not a U.S. citizen or green card holder.<\/p>\n
This order will take effect within 30 days. However, the order has already received its first lawsuit, and many more are expected to be filed in the coming days.<\/p>\n
The lawsuit, filed in New Hampshire, was signed by 26 attorneys who argue that the order violates the 14th Amendment of the Constitution.<\/p>\n
The attorneys general of 18 states who sued President Trump this Tuesday to block the executive order also joined.<\/p>\n
What does the 14th Amendment say?<\/strong><\/p>\n The 14th Amendment states: The debate on birthright citizenship in the U.S.<\/strong> What can Trump do according to the law?<\/strong><\/p>\n A president does not have unilateral authority to change rights guaranteed by the Constitution. That is why the proposed executive order faces several legal hurdles:<\/p>\n What is required to amend the Constitution?<\/strong><\/p>\n Changing the 14th Amendment would require an extremely complex process:<\/p>\n The amendment process is intentionally difficult to protect fundamental rights.<\/p>\n
\n\u201cAll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.\u201d<\/em>
\nHistorically, the Supreme Court has interpreted this provision to include the U.S.-born children of non-citizens, as in the case United States v. Wong Kim Ark (1898)<\/strong>, where it was stated that a child born in San Francisco to Chinese parents was a US citizen.<\/p>\n
\nBirthright citizenship, guaranteed by the 14th Amendment of the Constitution, grants citizenship to anyone born on U.S. soil, regardless of their parents\u201c immigration status. This principle, established after the Civil War in 1868, has been a pillar of equality and justice in the country. However, former President Donald Trump has proposed eliminating this guarantee through an executive order, claiming that the phrase \u201dsubject to the jurisdiction\" of the U.S. leaves room for legal reinterpretation.<\/p>\n\n
\n