There is a heated debate about a recently filed suit in a federal district court against birthright citizenship. The lawsuit has ignited legal and moral discussions that are bound to have positive outcomes. The policy questions a fundamental element in the 14th amendment, whether or not it can be or should be changed. This will change how the country perceives immigration and citizenship for a long time.
According to the EO, “Protecting the meaning and value of American citizenship,” children born in the US after February 19 are not automatically granted citizenship in the following circumstances: The mother is “lawfully but temporarily in the US” (on a visa) and the father is neither a US citizen nor a green card holder at the time of the child’s birth; the mother is “unlawfully present” in the country and the father is not a US citizen or lawful permanent resident (also known as a green card holder). In other words, one of the parents must be a US citizen or a green card holder at the time of the child’s birth.
A US district court (District of New Hampshire) has received the first case contesting this EO. Advocates for immigrant rights, such as the State Democracy Defenders Fund, Asian Law Caucus, and American Civil Liberties Union, filed the lawsuit. The lawsuit accuses the Trump administration of disregarding long-standing Supreme Court precedent, congressional purpose, and the Constitution.
Birthright citizenship, according to the plaintiffs, is the idea that all children born in the United States are citizens of the United States. The 14th Amendment to the Constitution ensures that all children born in the United States, regardless of race, colour, or ancestry, are citizens (with the minimal exception of children of foreign diplomats). In particular, it says that “Everyone born or naturalised in the United States, and subject to the jurisdiction thereof, is a citizen of the United States and of the state in which they reside.”
It is not only unconstitutional but also a callous and brutal rejection of American principles to deny citizenship to children born in the United States. One of the factors that contribute to the United States’ strength and vibrancy is birthright citizenship. This order aims to perpetuate one of the worst mistakes in American history by denying full American rights to a permanent subclass of US-born individuals. This assault on infants and the next generation of Americans will not be tolerated. “The Trump administration’s overreach is so egregious that we are confident that we will ultimately prevail,” said Anthony D. Romero, executive director of the American Civil Liberties Union.
The 14th Amendment has never been construed to grant citizenship to all those born in the United States, as Trump’s executive order makes clear. People who were born in the United States but were not “subject to the jurisdiction thereof” have always been denied birthright citizenship. In other words, a child cannot obtain birthright citizenship unless one of the parents is a US citizen or a US green card holder.
You are a citizen, period, if you were born here. Aarti Kohli, executive director of the Asian Law Caucus, stated that no politician, even President Trump, has the authority to determine who is or is not an American. Since Wong Kim Ark, a young Chinese American cook from San Francisco, prevailed in his Supreme Court appeal in 1898, birthright citizenship for all people, including immigrant-born children, has been a pillar of American democracy for more than a century. For Asian American communities, who have endured decades of discriminatory legislation, this constitutional protection has been especially important. The destiny of the majority of Americans whose ancestors arrived after 1898 was based on this very right. We are prepared to wage a strong defence against any attempt to deny this fundamental right, and Wong Kim Ark’s legacy endures in every child born to immigrant parents today.
Located in Jacksonville, “The phrase subject to the jurisdiction thereof’ has been consistently interpreted to include nearly all individuals born on US soil, irrespective of their parent’s immigration status, except children of enemy occupiers or diplomats,” immigration lawyer Ashwin Sharma told TOI.
The subjective and self-serving reinterpretation of “subject to the jurisdiction thereof” is the foundation of Trump’s executive order. The executive order’s broad language disqualifies children of legal non-immigrants, including those with H-1B visas, F-1 students, and other temporary residents, as well as offspring of undocumented immigrants. The EO causes significant uncertainty for immigrant families who have long supported the US economy and society by putting these US-born children’s citizenship in peril. And for a president who says he supports hard work and merit, this order is a severe blow to people who embody those very principles.
“Birthright citizenship is a vital aspect of American values, and it is guaranteed by our Constitution,” said Cody Wofsy, the lead lawyer in this case and the deputy director of the ACLU’s Immigrants’ Rights Project.” It is against our national values, illegal, and extremely cruel to deny citizenship to children born in the United States.”
According to Immigration.com managing attorney Rajiv S. Khanna, “The EO will undoubtedly be challenged on constitutional grounds. It is weakest when it declares that children born in the United States to parents who are legally present, even temporarily, will not be regarded as citizens of the United States. Constitutional wording ‘within the jurisdiction of’ is in question. A person in the United States who is responsible for breaking US laws cannot be said to be outside of US jurisdiction, which is both legally impossible and illogical.
In addition, even though they were born in the United States and have never lived anywhere else, these children would not be able to get the necessary identity and would eventually be denied the opportunity to vote, serve on juries, work in certain occupations, and generally be considered full members of its society.
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