Birthright citizenship has been a guarantee for immigrant children for decades, as stipulated in the 14th Amendment of the U.S. Constitution. This right has ascertained that all children born in the United States are granted citizenship regardless of their parents’ immigration status.
This principle is a cornerstone of American identity because it helps ensure that all persons born in the United States are citizens. However, recent developments have brought this doctrine into the spotlight and raised burning questions about its future.
Executive Order 14160
On January 20, 2025, the second inauguration of Donald Trump, the President signed Executive Order 14160. This order mandates federal agencies to stop granting citizenship documents to children born of illegal immigrant children. Essentially, these children would not have birthright citizenship if their parents are either unlawfully present or in the country on temporary visas.
The order specifically targets situations where the mother of the child is unlawfully present, and the father is not a lawful permanent resident. The order also addresses cases where the mother holds a temporary status, such as a student or tourist visa. The alarming executing order is set to affect children born on or after February 19, 2025.
Critics contend that altering birthright citizenship through an executive order is unconstitutional. They emphasize that the Constitution stipulates that all children born in the U.S. should be granted citizenship. According to critics, very limited exceptions exist to the Citizenship Clause, such as children born to foreign diplomats. They argue that only a constitutional amendment can change this provision.
Executive Order 14160 has faced immediate legal challenges
A coalition of 22 states filed a lawsuit against the order, asserting that it violates the Constitution and decades of legal precedent. Additionally, immigrant rights groups have initiated legal actions on behalf of affected individuals. Critics are against the executive order and in solidarity with pregnant women concerned about their children’s citizenship status.
While the executive branch can influence immigration policy, altering the fundamental right of birthright citizenship challenges constitutional boundaries. Ongoing legal battles will determine the future of this principle, but as it stands, birthright citizenship remains a constitutional guarantee. With that said, immigrants can benefit from staying up to date with the legal framework governing birthright citizenship for their offspring in the coming days.