The article first appeared in The Hindu on Feb 2, 2025.
In a significant move during his second term, President Donald Trump issued an executive order on January 20, 2025, aiming to redefine birthright citizenship in the United States. This order seeks to withhold U.S. citizenship from children born to undocumented immigrants and those on temporary visas, such as students, workers, or tourists, unless at least one parent is a U.S. citizen or legal permanent resident. The executive order, titled “Protecting the Meaning and Value of American Citizenship,” was scheduled to take effect on February 19, 2025.
The concept of birthright citizenship is enshrined in the 14th Amendment to the U.S. Constitution, ratified in 1868, 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 provision was designed to grant citizenship to formerly enslaved individuals and ensure equal protection under the law.
Historically, the U.S. Supreme Court has upheld the principle of birthright citizenship. In the landmark case of United States v. Wong Kim Ark (1898), the Court ruled that a child born in the United States to foreign parents is automatically a U.S. citizen, provided the parents are not foreign diplomats or enemy soldiers.
President Trump’s executive order has faced immediate legal challenges. Attorneys general from 22 states filed lawsuits to block the order, arguing that it violates the 14th Amendment. On January 23, 2025, a federal judge in Seattle temporarily blocked the order, labeling it “blatantly unconstitutional.”
The debate over birthright citizenship touches upon broader discussions about immigration and citizenship laws in the United States. Proponents of the executive order argue that it is necessary to uphold the integrity of American citizenship and address concerns related to illegal immigration. Opponents contend that the order undermines a fundamental constitutional guarantee and could create a class of stateless individuals.
As legal battles continue, the future of birthright citizenship in the U.S. remains uncertain. Any changes to this long-standing interpretation of the 14th Amendment would have profound implications for the nation’s citizenship laws and its identity as a nation of immigrants.
Read More at The Hindu
Find more Global Indian Top Reads