‘Flouting the Constitution’s dictates’: Trump’s executive order denying birthright citizenship met with immediate federal lawsuit

Donald Trump signing an executive order aimed at ending birthright citizenship in the U.S. (Forbes).

Donald Trump signing an executive order aimed at ending birthright citizenship in the U.S. (Forbes).

Just hours after being sworn in as president for the second time, Donald Trump issued a controversial executive order seeking to end the constitutionally protected right of birthright citizenship for individuals born on U.S. soil whose parents are non-citizens. The order was immediately met with a lawsuit seeking to halt its enforcement.

Making good on his campaign promise, the order directs the secretary of state, attorney general, secretary of homeland security, and social security commissioner to cease recognizing citizenship for children whose parents are in the U.S. illegally or in the country on a legal but temporary basis after 30 days from the date the order was signed.

From the order:

“Policy. (a) It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship, to persons: (1) when that person’s mother was unlawfully present in the United States and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the person’s father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”

As he signed the order in front of a large number of reporters, Trump said of birthright citizenship, “We have to end it. We’re the only country that has it.” In fact, dozens of countries, including Mexico and Canada, allow for jus soli (“right of the soil”), the legal principle of granting citizenship based solely on an individual’s place of birth.

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