Trump signs executive order ending birthright citizenship

Published

2025-01-20 20:10

8:10 a.m.

January 20, 2025

p.m.

Updated

2025-01-21 11:38:39.000000

America/New_York

President Donald Trump signed an executive order Monday to strip U.S. citizenship from U.S.-born children of undocumented immigrants, in an effort to end a right that the U.S. Constitution has guaranteed for more than 150 years.

The executive order, which would apply to all babies born after February 19, was quickly challenged in court as it would constitute an extraordinary departure from the historic interpretation of the Constitution's 14th Amendment, which states that all People born in the United States are citizens. of the United States and the state in which they reside.

Trump's attempt to end citizenship rights could leave untold numbers of newborns in legal limbo while their undocumented parents, including newly postpartum women, must navigate a complex new landscape that threatens their own expulsion.

The order, titled Protecting the Meaning and Value of American Citizenship, was signed just hours after Trump took office. This is an important issue, Trump said as he signed the order from the Oval Office, adding that he believes his administration has very good reasons to defend the policy. People have wanted to do this for decades.

The new administration will argue that a reinterpretation of the 14th Amendment will allow it to exclude two categories of infants from the right to U.S. citizenship: infants born to a mother who is in the country illegally and a father who is not. not a citizen. or permanent resident, and infants born to a mother authorized to be in the country for a temporary period and a father who is not a U.S. citizen or permanent resident.

The latter group includes people residing in the United States on a work, student, or tourist visa.

The ordinance does not address queer or non-binary couples, defining the mother and father as male and female biological progenitors.

The administration could prohibit the Social Security Administration from issuing Social Security numbers and cards to these babies. Parents usually request these documents when their baby is born in the hospital, along with the request for a birth certificate, which is issued by the state where the birth took place. Without U.S. citizenship, these babies would not be able to obtain passports, leaving them without access to another form of identification and unable to travel.

The birthright citizenship order was among several other new immigration policies rolled out Monday, designed to fulfill Trump's promises to cut immigration and deport millions of immigrants.

The decree was quickly challenged in court. The American Civil Liberties Union (ACLU) and several of its state branches filed a lawsuit on behalf of three immigrant advocacy groups, arguing that the order violates the Constitution and would deprive affected infants of health care and basic nutrition.

This order seeks to repeat one of the most serious mistakes in American history, by creating a permanent underclass of American-born people who are denied full rights as Americans. We will not let this attack on newborns and future generations of Americans go unanswered, said Anthony D. Romero, executive director of the ACLU.

Another lawsuit, filed by Lawyers for Civil Rights and two Massachusetts-based immigrant advocacy groups, claims the policy would essentially strip newborns and their parents of their citizenship rights, amounting to punishment and is unconstitutional. The main plaintiff is a pregnant woman who is due to give birth in March.

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