Legal Challenges Against Trump’s Birthright Citizenship Order

Near the beginning of Trump’s second term in office, he signed an executive order to end the rights that the 14th Amendment grants us.

The 14th Amendment states that anyone born or naturalized in the U.S. is a citizen of the country and the state they reside and will receive equal protection of the laws.

John Coughenour, a U.S. District Judge, blocked the executive order from being passed for at least 14 days. Court officials continued litigation for the executive order, claiming that it was “blatantly unconstitutional” and that Coughenour couldn’t remember another case whose answer was presented so clearly.

The process of passing an executive order of this magnitude is extensive. It requires both chambers of Congress to pass the Amendment with a two-thirds majority and approval by at least three-quarters of the states.

Alison Durkee, a writer for the Forbes Newsletter, states that this executive order that Trump signed claims that the 14th Amendment has yet to be interpreted. According to a minority of legal experts, the Amendment is exempt from the offspring of individuals who reside in the U.S. unlawfully or are temporary residents.

Many institutions, such as the American Civil Liberties Union and the Lawyers for Civil Rights, have filed lawsuits against the executive order.

While Congress has blocked the executive order, no clarification has yet been provided on whether it should be formally overturned. The issue is likely to be decided by the Supreme Court.

It seems that Trump believes that the ridding of birthright citizenship will help restrict immigrants from using the excuse of having a child to fast forward to gaining legal residency.

While this concern may make sense to some, studies have shown that this is more than likely to increase the number of immigrants in the U.S. If birthright citizenship were to be abolished, the number of undocumented individuals would increase when they otherwise would be citizens.

If this order is passed, it will also create an extra obstacle for U.S. citizens to have children. Instead of having this done automatically, they will be required to provide proof of their U.S. residency and register their newborn child as a citizen.

This will also complicate tasks such as applying for passports because citizens will no longer be able to simply present a birth certificate to prove their citizenship.