On Jan. 23, a federal judge issued a temporary restraining order to block President Donald Trump’s executive order to cease birthright citizenship, calling it “blatantly unconstitutional.” The judge’s action has delayed the order from going into effect for 14 days while they continue to discuss the legal challenge.
Birthright citizenship is a practice that guarantees citizenship to children born in the U.S. regardless of their parents’ immigration status. Trump’s executive order that he signed on Jan. 20 aims to eliminate this right.
It also states that people born to parents who are in the U.S. legally, but on a temporary basis, will no longer be automatically granted citizenship. This includes temporary visas for work, school or travel.
Fortunately, the order is to be applied to newborns and is not retroactive. People who are already U.S. citizens will maintain their citizenship despite their parents’ status.
This is a potentially detrimental step for immigrants, especially those seeking asylum. A child born to undocumented immigrants would be stateless, and their family would have difficulties undergoing the citizenship process if their country of origin does not have diplomatic ties with the U.S.
Not only is the executive order a devastating threat, but it is also a violation of the Constitution’s 14th Amendment, which 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.”
This right has been in place for over a century, and it provides promising futures for immigrants seeking better lives for themselves and for their children. Trump is trying to terminate a founding principle that has greatly contributed to America’s current identity as a “melting pot.” He is willing to strip historical elements of our democracy at the expense of countless immigrant lives.
Five pregnant women who are migrants along with Court Appointed Special Advocates, the Asylum Seeker Advocacy Project and Georgetown Law’s Institute for Constitutional Advocacy and Protection filed a lawsuit against the executive order. Additionally, several U.S. states are demonstrating their opposition to Trump’s efforts of ending birthright citizenship by suing. Attorney generals from 22 states, including Wisconsin, are a part of the lawsuit.
A right that is overtly stated in our country’s Constitution should not be eradicated. Innocent children born on U.S. soil are entitled to be recognized as citizens.
This story was written by Rachel Lopera. She can be reached at r[email protected]
