Birthright Citizenship
US Constitution –
Fourteenth Amendment, Section 1:
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. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
President Trump via a Presidential action seeks to contradict the US Constitution on this issue.
Specifically it wishes to exclude as citizens 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.
Why this matters.
It violates the US Constitution and citizenship statutes.
The president has no authority to change the citizenship rule at all. Congress can change the rule, but only to the extent of making it broader. Neither Congress nor the president can reduce it below the constitutional minimum.
Birthright Citizenship facilitates integration into American society
It also serves to integrate the first generation born here very quickly into American society. It helps make American society more cohesive. And there’s another benefit that isn’t much perceived, which is it makes it really easy for citizens to prove they are citizens. If you’ve got a birth certificate showing you were born in the United States, that’s how you prove your citizenship.
SOURCE: https://hls.harvard.edu/today/can-birthright-citizenship-be-changed/
Legal cases regarding Birthright Citizenship
Several lawsuits have already been filed challenging the legality of E.O. 14160. On Friday, the Department of Justice Civil Division filed at least four briefs opposing motions for preliminary injunctions in those suits:
- New Hampshire Indonesian Community Support v. Trump (D.N.H.)
- Casa, Inc. v. Trump (D. Md.)
- State of Washington v. Trump (W.D. Wash.) and Aleman v. Trump (W.D. Wash.) (consolidated)
- O. Doe v. Trump (D. Mass.) and New Jersey v. Trump(D. Mass.) (consolidated)
What the people say about this.
The Approval / Disapproval is split on partisan lines.