This Monday, January 20, Donald Trump will take office as the President of the United States. This not only marks his return to the White House but also the implementation of a series of changes he plans to make, including the end of birthright citizenship.
According to statements by the new U.S. officials, Trump plans to sign an executive order today, declaring that the federal government will no longer recognize the automatic citizenship of children born in the United States to undocumented immigrants.
This decision has sparked mixed reactions not only in the United States but also in Latin American countries, which account for the largest migration flow to the United States. Here, we explain all the details.
What is birthright citizenship?
Birthright citizenship, established by the 14th Amendment to the U.S. Constitution, guarantees that anyone born on U.S. soil automatically acquires citizenship. This principle, in effect for decades, also applies to children born to parents residing in the country without authorization or those temporarily in the U.S. on tourist or student visas intending to return to their home countries.
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What does the 14th Amendment to the U.S. Constitution state?
Following the Civil War, in July 1868, Congress passed the 14th Amendment, granting citizenship rights to all individuals, including Black Americans. It states:
“All persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and of the state in which they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.”
Why does Trump want to end birthright citizenship?
Through the executive order issued this Monday, the incoming president aims to send a clear message: the border is closed to illegal crossings, and anyone residing in the U.S. without authorization, particularly those who have committed crimes, will face deportation.
Can Donald Trump end birthright citizenship?
Donald Trump, through an executive order, cannot restrict a right enshrined in a constitutional amendment, which holds a higher legal status than inferior norms. However, he can instruct federal agencies to interpret the concept of citizenship more strictly, potentially resulting in legal challenges from individuals denied citizenship.
To change birthright citizenship as guaranteed by the Constitution, the only paths are amending the Constitution itself or successfully challenging the current interpretation of the 14th Amendment in court.
Permanent residence vs. citizenship
Citizenship is a legal status that grants legal identity and affiliation with a sovereign state. It provides individuals with rights, privileges, and protections within the country. Unlike residency, citizenship is permanent and is typically acquired through birth, descent, or naturalization. Meanwhile, permanent residents, commonly known as Green Card holders, have limited privileges, such as the right to live and work legally.
What executive orders will Donald Trump sign today?
In addition to ending birthright citizenship, Trump plans to sign several executive orders on his first day as President of the United States. These include:
- Ending the catch-and-release policy
- Reinstating the Remain in Mexico policy
- Rebuilding the border wall
- Declaring a national emergency at the border to deploy military forces and construct physical barriers
- Further restricting asylum using Section 212(f) of the Immigration and Nationality Act
- Designating certain drug cartels as foreign terrorist organizations
- Requesting the death penalty for law enforcement murders and capital crimes committed by undocumented immigrants
Trump will attempt to eliminate the “non-binary” gender
The Trump administration plans to issue an executive order today redefining federal policy on officially recognized genders. The White House will direct the Department of State, the Department of Homeland Security, and other federal agencies to remove “non-binary” and “other” options from official documents like passports and visas.
With this measure, the government will cease supporting the gender ideology. Furthermore, the order will include provisions regarding “privacy and intimate spaces,” aimed at prohibiting transgender women from being housed in prisons or migrant shelters based on their declared gender identity.
