President Trump on Jan 20,2023 signed an executive order “Protecting the meaning and value of American citizenship” excluding birthright citizenship (jus soli) to children, born to temporary visitors and unlawful mothers. Only these individuals are affected. The EO does not affect children of lawful permanent residents, to obtain documentation of their United States citizenship.
The Privilege of United States citizenship is a priceless and profound gift.
Fourteenth Amendment
The Fourteenth Amendment states: “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 wherein they reside.” The Fourteenth Amendment applies to incorporated territories, so people born in incorporated territories of the U.S. are automatically U.S. citizens at birth. A child born in U.S. waters or airspace is a U.S. citizen by birth.
Trump Executive Order
The Trump Executive order denies birth right citizenship to children born in the United States meeting the following conditions….
- Unlawful mothers – When that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or
- Temporary visitors – When that person’s mother’s presence in the United States was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) , and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
The Executive order will come into effect after 30 days, on 19 February 2025. The EO spells end a century-old policy of birthright citizenship guaranteeing that U.S.-born children are citizens regardless of their parents’ status.
The EO is met with heated debate across different US states with federal judge has blocked the order. Twenty-two states and the American Civil Liberties Union have filed lawsuits against the Trump Administration to declare Executive Order 14156 unconstitutional and to block its enforcement
