The early days of President Trump’s administration were marked by a flurry of executive orders. Among these were actions such as delaying the TikTok ban, pulling out from the Paris Climate Agreement, and leaving the World Health Organization. Another significant order sought to end birthright citizenship in the United States.
Understanding Birthright Citizenship
Birthright citizenship is a fundamental principle embedded in the U.S. Constitution, granting citizenship to anyone born on American soil. However, President Trump sought to challenge this principle by denying citizenship to children born in the U.S. to undocumented immigrants or those on temporary visas. This order was meant to affect births occurring after February 19, ensuring it wasn’t applied retroactively.
Changing the principle of birthright citizenship isn’t straightforward. According to reports by the BBC, such a change requires approval by a two-thirds majority in both houses of Congress.
On legal grounds, U.S. District Judge John Coughenour temporarily blocked the order, labeling it as “blatantly unconstitutional.” This move was expected to attract lawsuits from civil rights organizations, arguing it contravened the Equal Protection Clause of the 14th Amendment.
The Legal Battle Ahead
As anticipated, several lawsuits were filed against the federal government. Twenty-two states, together with San Francisco and the District of Columbia, challenged the executive order, asserting its unconstitutionality.
A question on many minds was whether this executive order would influence President Trump’s youngest son, Barron Trump.
Fortunately for Barron, his citizenship remains unaffected. Born in Manhattan in 2006, Barron acquired U.S. citizenship by birthright. At that time, his mother, Melania Trump, originally from Slovenia, was a lawful permanent resident in the U.S., having held a green card since 2001. Meanwhile, his father is a ‘natural-born U.S. citizen.’ So, Barron’s citizenship status is secure.
The dispute surrounding the executive order to end birthright citizenship raises critical questions about the scope of presidential power. Many experts anticipated that several of Trump’s executive orders would face legal hurdles, this order included.
Such legal challenges highlight the ongoing debate over the extent of presidential authority and the constitutional balance of power.
This topic is crucially important for understanding how decisions like these can affect not only individuals but also the nation’s foundational principles. It’s vital to discuss and share these insights widely.