Shortly after being sworn in as the 47th President of the United States, Donald Trump signed a series of executive orders that included ending birthright citizenship as part of his hard-line anti-immigration agenda.
Birthright citizenship is a constitutionally protected right that automatically confers U.S. citizenship to babies born in this country.
The policy has been in place for decades and is enshrined in the Fourteenth Amendment to the U.S. Constitution, which grants citizenship to “persons born or naturalized in the United States, and subject to the jurisdiction thereof, being citizens of the United States and of that State.” Where they live. “
But Trump argued that the amendment does not cover people whose family members are non-citizens.
Here’s what we know about Trump’s order and how many people will be affected:
What did the order say?
Monday’s order lays down the parameters within which a person can claim birthright.
It provides that a child cannot claim birthright if one parent is “unlawfully present in the United States” and the other is not a citizen or “a lawful permanent resident at the time of such person’s birth.”
It added that birthright citizenship will not be passed to the child if one parent is in the country “legally but temporarily” on a tourist, student or work visa and the other parent is not a U.S. citizen.
The order will take effect on February 19.
What is birthright citizenship?
After the American Civil War, Congress ratified the Fourteenth Amendment in July 1868, stating that all persons born in this country were citizens. Its purpose was to establish full civil rights for black Americans who suffered slavery.
But the amendment was interpreted to include all children born in the United States regardless of their parents’ immigration status.
One of the most pivotal cases in the history of birthright citizenship occurred in 1898, when the Supreme Court ruled that Wong Wong, the son of Chinese immigrants, was a U.S. citizen because he was born in San Francisco.
The Supreme Court ruling came after the federal government attempted to deny him reentry under the Chinese Exclusion Act after traveling abroad.
In 1924, Congress authorized citizenship for all Native Americans born in the United States.
“This is ridiculous. We are the only country in the world that does this,” Trump said Monday after signing the order.
According to the World Population Review, by 2024, at least 33 countries will have birthright citizenship, mainly in North and Latin America, including Mexico.
How many children of immigrants have received their birthright?
According to the Pew Research Center, by 2022, 1.3 million U.S.-born adults living with their parents will be the offspring of undocumented immigrants.
Does the exclusion include H1-B work visa holders?
Yes, technical professional visas fall under the category of work visas, and children of H1-B visa holders born in the United States will not be able to apply for birthright citizenship.
By 2023, 72% of H1-B visas will be issued to Indian citizens, according to the U.S. Department of Citizenship and Homeland Services, and the visas themselves have come under criticism recently.
Trump’s Make America Great Again (MAGA) base has been calling for an end to the H1-B visa, which is used by big tech companies to hire skilled workers from abroad. Close Trump ally Elon Musk faces backlash from the MAGA camp, which accuses big tech companies of using a controversial visa program to hire cheaper foreign workers at the expense of American workers .
Trump, who tried to ban the visa program during his first term, expressed support for Musk, saying “it’s a great program.”
“I also like very capable people coming into our country, even if that involves them training and helping other people who may not be qualified,” he said.
However, the U.S. State Department said on Tuesday that Secretary of State Marco Rubio had discussed the issue of “irregular migration” with Indian Foreign Minister S. Jaishankar. Earlier this month, an Indian Ministry of External Affairs spokesperson said the visa scheme would be beneficial to both countries.
According to a 2022 Pew Research Center report, Indians are the third largest illegal immigrant population in the United States, with 725,000 people.
Bloomberg reported on Tuesday that the Indian government has informed the Trump administration that it will work with the United States to identify and bring back its citizens.
But the issue will test the strong bilateral ties between the two countries and could influence public opinion in India. Trump is well received Due to his cordial relations with Prime Minister Narendra Modi.
Did the order spark a backlash?
Trump’s order faces resistance. Attorney General from 22 states in the United States A lawsuit was filed Tuesday challenging Trump’s move to ban birthright citizenship.
Officials in Democratic-led states argue that birthrights are written into the Constitution and cannot be changed.
“The president can’t just make the 14th Amendment disappear with the stroke of a pen, period,” New Jersey Attorney General Matt Platkin told The Associated Press.
Connecticut Attorney General William Tong, a natural-born U.S. citizen and the first Chinese-American elected attorney general, said the lawsuit was personal.
“The 14th Amendment means something, it means something – if you are born on American soil, you are an American. Period. Period,” he said.
“There is no legitimate legal debate on this issue. But the fact that Trump is dead wrong does not stop him from now causing serious harm to American families like mine,” he added.
Critics of the Birthright program say it encourages immigrants to come to the United States to obtain citizenship.
Republican House Science and Technology Committee Chairman Brian Babin, who will introduce the Birthrights bill to Congress this week, said in a statement that the bill “corrects decades of abuse,” Fox News reported.
“Citizenship is one of our nation’s most treasured privileges. By introducing this legislation, we are taking an important step to restore the integrity of our immigration system and prioritize the interests of American citizens,” Babin said.
White House deputy press secretary Harrison Fields also said Washington is ready to face states in court.
“The radical left can either choose to swim against the current and reject the overwhelming will of the people, or join President Trump,” Fields said.
So far, New Jersey and these two cities, as well as California, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico The states, New York, North Carolina, Rhode Island, Vermont and Wisconsin have joined the lawsuit to block the order.
Arizona, Illinois, Oregon and Washington have also filed separate lawsuits in federal court challenging Trump’s order.