United States President Donald Trump has issued an executive order aiming to end birthright citizenship, a privilege protected by the US Constitution and upheld by the Supreme Court more than 125 years ago.
On Monday, Trump announced a flurry of executive steps to begin changing federal immigration and border policy, many of which are likely to face serious legal challenges.
“As commander in chief, I have no higher responsibility than to defend our country from threats and invasions, and that is what I’m going to do,” Trump said in his inaugural address.
CBS News reports that the US government has long interpreted the US Constitution to mean that those born on American soil are citizens at birth, regardless of their parents’ immigration status.
The 14th Amendment to the Constitution says, “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
However, Trump directed federal agencies to stop issuing passports, citizenship certificates, and other documents to children born in the United States to mothers who are illegally present in the country and fathers who are not citizens or legal permanent residents, as well as to mothers who are on temporary visas.
Trump stated that his directive, which would not apply retrospectively, will be enacted in 30 days. However, only hours after its issuance, the American Civil Liberties Union and other advocacy organizations filed a federal lawsuit contesting the decision.
He also cited extraordinary presidential powers to effectively suspend US asylum law, accusing migrants of staging an “invasion” at the southern border and endangering public health.
He authorised officials to “repel, repatriate, or remove” migrants, suspending their “physical entry” into the US through his constitutional powers. The far-reaching order essentially allows the U.S. government to stop adhering to American asylum law until Mr. Trump issues a “finding that the invasion at the southern border has ceased.”