In a major legal development, a federal judge has blocked President Donald Trump’s executive order that was attempting to end birthright citizenship in the United States. The court also declared the order unconstitutional, dealing a major blow to the controversial policy.
What is Birthright Citizenship?
Birthright citizenship is the legal principle that automatically grants citizenship to anyone born on US soil, regardless of their parents’ immigration status. The principle is rooted in the 14th Amendment to the US Constitution, which 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.”
Trump’s Executive Order
During his presidency, Donald Trump repeatedly criticized birthright citizenship, claiming that it created incentives for unauthorized immigration. In an attempt to stop this, Trump issued an executive order to end the practice. The order argued that the Constitution does not automatically guarantee citizenship to the children of non-citizens or undocumented immigrants.
Court Decision
A federal judge struck down the executive order, saying it violates the Constitution. The Court emphasized that the language of the 14th Amendment is clear and unambiguous, making it impossible for an executive order to revoke this constitutional right. The judge highlighted that any change to birthright citizenship would require a constitutional amendment, a long and difficult process that requires approval from Congress and the states.
Impact of Decision
The decision ensures that birthright citizenship remains intact, preserving a long-standing principle dating back to the 1860s. Immigrant advocacy groups celebrated the decision, calling it a victory for constitutional rights and equality. Legal experts also said the case reinforces the separation of powers, which limits the executive branch’s ability to unilaterally change constitutional principles.
What happens next?
It is unclear whether Trump or his supporters will take further legal action or appeal the decision in higher courts. However, given the strong constitutional basis for birthright citizenship, legal analysts believe future challenges are unlikely to succeed.
The ruling confirms that fundamental rights enshrined in the Constitution cannot be easily changed, even by presidential authority. For now, birthright citizenship remains a cornerstone of American law and identity.