What we know: How far can immigration officers go under new laws?
From executive orders on natural citizenship to representation of federal agents, how far can immigration law go? This is what we know.
The U.S. Supreme Court hears debate on Thursday, May 15th over President Donald Trump’s bid to comply with an executive order restricting birthright citizenship in his first widespread challenge to constitutional rights in decades.
Topcoat is scheduled to begin oral debate at 2pm ET over whether federal judges went too far when suspending restrictions on presidential rights born in the US. It has become a central focus for the President, and since taking office in his second term, it has underpinned his hard-hit approach to limiting immigration to the United States.
After the inauguration, the president instructed federal agencies to refuse to grant citizenship to children born in the United States without at least one parent who is a US citizen or a legal permanent resident.
The judge ruled that the policy would likely be found unconstitutional when fully sued, so Trump cannot enforce it in the meantime.
Here’s what you need to know about birthright citizenship and what Trump is trying to change:
What does the 14th amendment say about citizenship at birth?
The 14th Amendment became part of the US Constitution in 1868 after the Civil War, and granted citizenship and freedoms outlined in the Bill of Rights of Once Enslaved People. The revision states: “Everyone born or naturalized in the United States or subject to that jurisdiction is a citizen of the United States and the state in which they live.”
How has the US Supreme Court ruled on the 14th past amendment?
The US v. Wong Kim Ark’s 1898 U.S. Supreme Court decision is considered a historical standard for children born in the United States to have American citizenship rights from non-citizen parents. Born in San Francisco to Chinese immigrant parents, Wong Kim Ark was denied re-enter the United States after a trip to China, despite being born within US territory. In the 6-2 decision, the court held that Wong Kim Ark is a US citizen for his birth in the United States, regardless of his parents’ Chinese citizenship.
Trump’s Justice Department argued that the court’s ruling in that case was narrow and that parents would apply to children who had “permanent US residence and residence.”
What is the Trump administration’s view on birthrights?
According to Reuters, the administration argues that the 14th amendment does not extend to immigrants illegally in the country, or that the existence of such things as university students and work visas is legal but not even temporary immigrants.
Trump’s Agenda 47 Policy Platform says it wants to clarify the amendments so that it is understood that “US citizenship will only be extended to those subject to US ‘jurisdiction’.” USA Today previously reported that the “excludes its jurisdiction” clause most commonly excludes children born to foreign diplomats.
According to estimates from the US Department of Homeland Security, around 11 million immigrants were illegally in the United States in January 2022 – the figures that some analysts currently place between 13 and 14 million. Their US-born children are considered to have US citizenship by the government.
Trump complains about foreign women visiting the US giving birth and gaining US citizenship for their children.
Who is challenging Trump’s order?
In a series of lawsuits following the order, plaintiffs, including 22 Democratic attorney general and immigration rights defenders, alleged that Trump’s order violated the rights protected by the 14th amendment to the US Constitution. People born in the United States are citizens.
New Jersey Attorney General Matthew Platkin, who helps lead one of the lawsuits challenging Trump’s orders, said he looks forward to his office presenting discussions in the case.
“Birthright citizenship was enshrined in the Constitution in the wake of the Civil War and supported by Supreme Court precedents, ensuring that fundamental things like American citizenship cannot be turned on or off on the whim of a man.”
Which countries have birthright citizenship?
Basement citizenship was burned into the US Constitution, challenged in the 1800s and reaffirmed by the Supreme Court. Countries in the Americas followed the US examples supported by restrictions set forth in Europe, Africa and Asia.
All countries in North and South America except Colombia and the Dominican Republic offer birthright citizenship to all those born within their borders, according to a review of the world population that has constructed a map of birthright citizenship around the world.
Columbia provides birthright citizenship as long as one parent is a citizen or a legal resident. The Dominican Republic has restricted birthright citizenship in a way that excludes children of Haitian migrant workers.
According to a review of the world population, European countries have restricted birthright citizenship, similar to Spain, Italy, France, Germany, India, Iran, and Sudan.
“Granting citizenship to all children born on the territory of a country has become more common in the Americas,” according to the American Immigration Council report. “After the US was founded, other countries in the Western Hemisphere have also adopted citizenship based on unlimited birthplaces.”
Contributor: Lauren Villgran from USA Today, Francesca Chambers, Kinsey Crawley, Maureen Groppe, David Jackson, Burt Jansen, Anna Kaufman, James Powell and Terry Moseley. Reuters.
