WHAT TRUMP’S BIRTHRIGHT CITIZENSHIP ORDER MEANS FOR IMMIGRATION REFORM

The initial decision of the Trump-led administration involved issuing a slew of executive orders. This happened on the day President Donald Trump first came into office as the 47th President of the United States. These executive orders included canceling birthright citizenship as a hardline maneuver against immigration in the US.

Birthright citizenship is when a baby becomes citizens once born here in the US. This has been the rule for over a century under the 14th Amendment of the US Constitution. This Constitutional provision stipulates that “all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens.”

However, it would seem that Trump appears to think otherwise – that this amendment does not apply to children whose parents are not US citizens.

In this post, we shall highlight details of this order and how it affect the US immigration landscape.

Who will it affect?

The order, if allowed to stand, would effectively halt citizenship for all children born after February 19, 2025, whose parents are both not United States citizens or legal residents.

The order Trump signed automatically stripped US citizenship from US-born children of moms who came into the country without legal status unless their father is a citizen or legal resident of the US. It also strips the citizenship from children whose mothers visit on work, student, or tourist visas and whose fathers are not US citizens or legal residents of this country.

A lawsuit filed by 18 states estimated that 150,000 babies are born annually in the country to undocumented parents. This means all these babies will be vulnerable to deportation, and many could become stateless. Tthough the Constitution calls them citizens, with this order they may lose their rights to participate in their country — like working, voting, serving on juries, and running for certain jobs.

Documents that will no more be obtainable

The federal government typically issues certain documents to newborns who are considered US citizens. These documents include passports from the State Department, social security cards from the Social Security Administration, and citizenship certificates from US Citizenship and Immigration Services, which is under the Department of Homeland Security.

Trump’s order called on federal agencies to come up with new rules on who should be excluded from getting those documents proving one’s citizenship. It could also affect an application for benefits – like food for kids – at the Department of Agriculture or any healthcare services that would fall under Health and Human Services.

Trump’s directive does not change the birth certificates of US-born individuals as these are, by and large, a matter of state policy.

Can Trump legally do this?

It appears that the key to Trump’s action is to get courts to betray more than a century and a half of legal precedents by signing on to his reading of part of the 14th Amendment. The amendment now reads, “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.” The important word here is “subject to the jurisdiction thereof.” Trump’s order instructs agencies to consider people in the US on temporary visas or otherwise illegally not to fall under US jurisdiction.

Professionals has expressed the view that Trump’s interpretation of the Constitution is opposed to the established rule of law. These professionals felt that there was a need to retain the citizenship rights for those who are undocumented, and their children under the Constitution.

The Constitution was written in such a manner as to be very expansive and inclusive. The phrase “subject to the jurisdiction thereof” mainly refers to the children of foreign diplomats, who, because of their diplomatic status, are exempt from US laws. There was much debate over the wording when the law was drafted, and its exemptions were to be extremely limited.

Birthright citizenship is a constitutionally guaranteed right that has been consistently upheld by the Supreme Court for more than 150 years. The Trump’s administration interpretation ignores both the actual text of the 14th Amendment and the history of why it was written that way. Still, it is expected that the legal battles over Trump’s executive order will make their way to the Supreme Court.

Would this order impact the holders of the H-1B visas too?

Yes, being a work visa, the skilled professional visa comes into the category. This means that kids of such parents – born in the US – will not be able to claim birthright citizenship under the new executive order.

For instance, in 2023 alone, the US immigration agencies reportedly issued 72% of the H-1B visas-which faced increased scrutiny in recent times-to Indian citizens.

MAGA Trump supporters have been trying to kill the H-1B visa, which Big Tech uses to import skilled workers from abroad. Elon Musk, one of Trump’s closest allies, reportedly has utilized the H-1B program to hire cheaper foreign labor over American labor, many in the MAGA crowd have called him out for it.

Trump, who had sought to ban the visa program during his first term in office, stood in support of Musk and said, “It’s a great program.” Trump also expressed a desire to welcome highly skilled people coming to the US, even if that means they will train and assist others who might not have the same qualifications.

An estimate by the Economic Policy Institute, a left-leaning think tank based in Washington, DC, put the figure at about 600,000 immigrant workers on H-1B visas across the country.

But recently, the US Department of State said Secretary of State Marco Rubio had discussed “irregular migration” with his Indian counterpart, Subrahmanyam Jaishankar. Earlier this month, a spokesperson for India’s Ministry of External Affairs called the visa program mutually beneficial.

Get help

The US immigration landscape is complex and can be hazy. This situation has been worsened by the Trump-led administration which aims to put an end to birthright citizenship.

The smartest way to stay ahead of these latest developments is to be in constant contact with your immigration lawyers. At Gehi and Associates, we stay updated on every slight changes on the US immigration landscape. This means that we can guide you through the process to help you stay clear off avoidable immigration issues in the US.

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