Donald Trump moves to end birthright citizenship, emergency declared at Mexican border

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President Trump issued an immigration directive to withhold birthright citizenship from children born in the US to parents who are illegally residing or hold temporary visas. This order, effective in 30 days, faced immediate legal challenges from civil rights organizations and advocacy groups, questioning its constitutional validity.

Following his inauguration on January 20, President Trump initiated extensive immigration enforcement measures which included the end birthright citizenship.

The 47th US president issued a contentious immigration directive that aimed to withhold birthright citizenship from children whose parents are either residing illegally in the United States or hold temporary visas.

Historically, the United States administration has consistently interpreted the Constitution to grant automatic citizenship to individuals born within American territory, irrespective of their parents’ immigration standing.

This order is pinned on the phrasing “subject to the jurisdiction thereof” within the 14th Amendment. Several conservative immigration advocates have contended that offspring of unauthorised immigrants should not qualify for citizenship under the Constitution, as they believe these individuals are not technically “subject to the jurisdiction” of the United States.

The directive instructed federal bodies to cease providing passports, citizenship documentation and related papers to US-born children whose mothers lack legal status and whose fathers are neither citizens nor permanent residents, or to children of temporary visa-holding mothers (with fathers who aren’t citizens or legal permanent residents).

The order, which was not meant to affect existing cases, is scheduled for implementation in 30 days. However, within hours of its announcement, legal action was initiated by the American Civil Liberties Union and various advocacy organisations, who filed a lawsuit challenging the order in federal court.

Explained: Trump’s promise to end birthright citizenship | FOX 13 Seattle

Law experts had already expressed doubts to CNN about the viability of such a legal position in court. They contend that the specific provisions were intended for two distinct scenarios: firstly, to address offspring of foreign diplomatic personnel who fell under US jurisdiction, and secondly, to handle cases where foreign forces have occupied portions of American territory through military invasion.

On his first day in office, President Trump signed a series of executive actions aimed at reversing Biden-era immigration policies. In addition to the end of birthright citizenship order, measures also included sealing the US border to asylum-seekers and migrants, immediately halting the CBP One program that allowed migrants to schedule appointments for legal entry, and declaring a national emergency at the US-Mexico border. This national emergency authorised the redirection of federal funds for border wall construction and the deployment of military personnel.

Trump also issued orders to end the “catch and release” practice, which allowed migrants to be released into the US while awaiting court hearings, and suspended refugee resettlement. In a further effort to control immigration, he directed a 60-day review to identify countries with inadequate vetting systems for travelers and visa applicants, potentially leading to travel bans.

Additionally, Trump designated drug cartels as terrorist organisations, which expanded his ability to target them. He also aimed to reinstate the Remain in Mexico policy, requiring asylum-seekers to wait in Mexico until their US immigration hearings, although cooperation from Mexico would be necessary for full implementation.

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