The president donald trump issued a executive order that restricts the birthright citizenship in USAa practice recognized for more than 150 years. The measure, according to Reutersdenies the right to automatic citizenship to the children of undocumented immigrants and foreigners with temporary status in the country. The decision has generated intense legal and political debate, and is already facing lawsuits from several states and organizations that consider it unconstitutional.
This amendment states that “all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state in which they reside,” while the Immigration and Nationality Act of 1952 similarly defines citizens and includes similar language, according to the news agency.
For decades, this clause has been interpreted to mean that anyone born in the United States is automatically a citizen, with few exceptions, such as the children of foreign diplomats, who are not subject to US jurisdiction.
The measure specifies that those born in the US will not be recognized as citizens if:
- His mother was in the country illegally at the time of the birth.
- His mother was in the US on a temporary visa, as a student or tourist.
- His father was neither a citizen nor a legal permanent resident.
To date, the US Supreme Court has not issued a specific ruling on the application of the Amendment 14 to the children of undocumented immigrants. However, as reported Reutersthere are judicial precedents that could influence future decisions:
- In 1898the Court ruled that Wong Kim Ark, who was born in San Francisco, was an American citizen regardless of whether his parents were Chinese immigrants, based on the 14th Amendment.
- In 1884the Court ruled that John Elka man born on US territory within an indigenous tribe, was not a citizen because he was not subject to the “jurisdiction” of the US. It was not until 1924 that Congress granted citizenship to all Native Americans.
Trump’s executive order was immediately challenged in court. Eighteen states, led by Democrats, and the District of Columbia They filed a lawsuit in federal court in Massachusetts seeking to overturn the measure. In the lawsuit, the states allege that the order:
- Violates the 14th Amendment of the Constitution.
- Usurp the power of Congresssince the Legislature is the only one empowered to define the rules of naturalization.
- Contravenes immigration laws and administrative procedures current.
In addition to state governments, immigrant rights organizations They have also filed lawsuits to block the order.
The fate of the executive order will depend on the decisions of the federal courts and, possibly, the Supreme Courtif the case reaches that stage. If the justices determine that the 14th Amendment protects birthright citizenship, the only way to change that guarantee would be a constitutional amendment. This process would require the approval of two thirds of Congress and the ratification by three-quarters of state legislaturesa complex procedure that could take years, according to Reuters.
