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21.01.2025
Birthright Citizenship could end due to executive order signed by Trump
by Alejandra Jiménez
Tiempo de lectura: 3min

In a controversial move, former President Donald Trump has signed an executive order seeking to end birthright citizenship in the United States, a right enshrined in the Constitution and upheld by the Supreme Court for over 125 years. Trump finalized the order on Monday, mere hours after returning to office.

Trump Birthright 1
Photo: The 19th News

The executive order is grounded in a once-fringe belief that children born in the U.S. to undocumented immigrants are not entitled to American citizenship. Critics argue this notion stems from xenophobic conspiracy theories that aim to undermine the nation’s diverse demographics.

On Monday night, a coalition of civil rights and liberties organizations filed a lawsuit to block the executive order to end Birthright Citizenship, describing it as unconstitutional and a direct challenge to the 14th Amendment. Legal battles are expected to intensify, with state attorneys general from California and New York among those poised to take immediate action.

California Attorney General Rob Bonta told Axios, “Trump cannot override a constitutional right through executive authority. That’s simply not how the law works.” Similarly, New York Attorney General Letitia James condemned the order, calling it “a divisive, fear-mongering tactic” and vowing to fight it “with the full strength of the law to protect the integrity of our Constitution.”

The American Civil Liberties Union (ACLU) joined the opposition, stating on social media: “An executive order does not have the power to nullify the Constitution.”

Trump Birthright 2
Photo: Hindustan Times

The 14th Amendment and Its Historical Significance

Ratified in 1868, the 14th Amendment was a landmark provision granting citizenship to formerly enslaved African Americans. Its Citizenship Clause unequivocally 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 clause was reinforced in the 1898 Supreme Court case United States v. Wong Kim Ark, which established birthright citizenship as a cornerstone of American law. The decision transformed the nation’s demographic landscape, affirming that all individuals born on U.S. soil are entitled to citizenship.

Trump Birthright 3
Photo: The Denver Post

Broader Border Policies Take Shape

The executive order to end Birthright Citizenship is part of a broader set of ten immigration-related actions Trump signed on his first day back in office. Among these measures are plans to reinstate the “Remain in Mexico” policy, end the “catch and release” practice, and declare a national emergency at the U.S.-Mexico border.

The declared emergency allows for the deployment of additional military personnel and the construction of physical barriers along the border. Furthermore, the administration plans to suspend refugee resettlement for at least four months and restrict asylum access through expedited deportation measures.

Immigrants from “countries of particular concern” will face heightened scrutiny, with federal agencies tasked to recommend new restrictions on their entry. Additionally, criminal organizations, including the MS-13 gang and the Tren de Aragua cartel, have been classified as “global terrorists,” paving the way for expedited deportations.

Trump Birthright 4
Photo: The Washington Post

Divisive Rhetoric Sparks Outrage

Trump’s use of inflammatory language, including a recent comment that immigrants are “poisoning the blood of our country,” has drawn widespread condemnation. Critics argue this rhetoric mirrors white supremacist ideologies and evokes dangerous historical parallels.

While the executive order to end Birthright Citizenship has ignited fierce legal and public backlash, its implications reach far beyond the courtroom, challenging fundamental principles of American identity and constitutional law.

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