An executive order President Donald Trump signed Monday night vows to end birthright citizenship in the U.S., despite broad legal consensus that the Constitution guarantees American citizenship to nearly everyone born on U.S. soil.
Trump’s order directs federal agencies to refuse to recognize U.S. citizenship for children born in the U.S. to mothers who are in the country illegally or here legally on visas, if the father is not a U.S. citizen or lawful permanent resident.
The order would deny U.S. citizenship, including passports, to those children born in the U.S. starting 30 days from now, if at least one parent isn’t an American citizen or green card holder.
Immigrant rights advocates are expected to quickly file legal challenges to Trump’s decree.
The Supreme Court ruled more than a century ago that children born in the U.S. to foreign parents are U.S. citizens under the 14th Amendment. The only legally recognized exception applies when both parents are diplomats with immunity from U.S. laws.
However, a handful of legal scholars who favor a crackdown on immigration contend the 1898 ruling has been interpreted too broadly, and the current Supreme Court could allow the government to set stricter standards for citizenship. It’s also unclear whether the courts will conclude Trump has any power to address the issue without an act of Congress to back him up.
