US President Donald Trump has signed an executive order aimed at ending birthright citizenship, a right guaranteed by the 14th Amendment of the US Constitution.
This move is part of a broader effort to reshape federal immigration and border policy [1).
Trump’s order directs federal agencies to stop issuing passports, citizenship certificates, and other documents to children born in the US to undocumented mothers and fathers who are not citizens or legal permanent residents.
The same applies to mothers who are temporary visa holders and fathers who are not citizens or legal permanent residents.
The order, which won’t be applied retroactively, will take effect in 30 days. However, its implementation is likely to face significant legal hurdles. The American Civil Liberties Union and other advocacy groups have already filed a lawsuit challenging the action in federal court.
Trump justified his decision, saying, “As commander in chief, I have no higher responsibility than to defend our country from threats and invasions, and that is what I’m going to do.” He also claimed extraordinary presidential powers to suspend US asylum law, citing an “invasion” at the southern border that endangers public health.
The move has sparked concerns among immigrant communities, particularly Indians, who could be significantly impacted. According to Rohitaashv Sinha, partner at King Stubb & Kasiva, Advocates and Attorneys, “Children born in the US to Indian parents with green cards or on H-1B visas might face significant uncertainty”.
Experts argue that the order cannot be executed legally due to the 14th Amendment and Title 8 of the United States Code, Section 1401. Russell A Stamets, partner at Circle of Counsels, noted that “the right of birthright citizenship is well established in US law”.
The order’s enforcement also faces logistical challenges, as it’s unclear who would review parents’ legal documents to assess their children’s eligibility for citizenship.
