On January 20, 2025, new re -constituted President Trump released one executive Order To end congenital citizenship.
The order, which will affect the children of the nominated parents who have been born more than 30 days after the order is published, announces that 14th amendment The provision of birth -approved citizenship does not apply to children born in the United States if their mother is an unintended immigrant and her father is not a citizen or legitimate permanent resident, or (2) the mother’s immigration status is valid, but only temporary and father is a citizen or a citizen or not. lawful permanent resident,
People who objected to that provision have recorded the cases. US District Court, Claiming that it is unconstitutional. Three of the court Universal prohibition issued To prevent Trump from implementing his executive order during litigation. These prohibitions stopped the federal officials from implementing the order, not the plaintiff in only three suits.
Again Supreme Court granted A request to remain prohibition from the Trump administration, “But to the extent that the prohibitory orders are more comprehensive than required to provide full relief with standing to the prosecutor to prosecute.” The High Court’s decision did not address the claim that Trump’s order violates the 14th amendment, leading to the initial decision on the issue to reach three district courts.
If the Supreme Court later opt for a decision to submit a decision, will it wear that the provision is unconstitutional? It may depend on whether the judicial constitution is seen as “A. Live document To remain relevant and effective must be compatible with contemporary realities. “America, finally, is now a very different place, when the 14th amendment was passed for the first time.
Congenital citizen Juice Solie (Right to soil), is relatively unusual. there are 195 countries In the world, and only 30 This is of them – only 15 percent. Most countries with congenital citizenship are in North and South America.
John Scarney, Professor of Sociology at the University of California, Claim This congenital citizenship was established on colonial days for the creation of nation-states. This encouraged immigration from Europe, and ensured that “indigenous population and former slaves, and their children would be included as full members, and the stateless would not be left.” Skrentny concluded that it was “a special strategy for a particular time, and that time could have passed.”
Frammers of the US Constitution did not define “citizenship” at all. Although, Naturalization Act 1790 Establish a definition for citizenship by naturalization, provided that only the owners of the property could become citizens.
Seventy years later, the United States enacted Civil rights of 1866Grant the right of voting African American menThe first section states “[t]All individuals born in the United States are not subject to hats and any foreign power … by it, citizens of the United States are declared; And such citizens, without any caste and color, without any slavery or involuntary service … will have the same right[s] … as is fun by white citizens. ,
After this it was followed in 1868 Rimming Of the 14th Amendment, which was aimed at Cancel In Supreme Court’s 1857 decision Drade scott v. Sandford In which the court said that “a negro, whose ancestors were imported [the U.S.]And sold as a slave, “may not be an American citizen.” The amendment provides that, “Born in the United States or naturally all individuals, and under his jurisdiction, they are citizens of the United States and they live in the state.”
Personally, I do not see a lot of similarity between granting citizenship to former slaves, who lived here for many years and worked here and provided it to the children of unspecified immigrants who entered the US in violation of our laws and could now come.
The Supreme Court ruled in 1898 on a congenital citizenship case, US V. Wong kim arcBut the court stated that it was deciding a single issue – especially, “Is a child born in the United States, the Parents of the Chinese dynasty, who are the subjects of the Emperor of China, at the time of their birth, but the United States has a permanent dominance and residence in the United States … becomes a citizen of the United States at his birth.”
East Chief Justice John Marshal In 1819 expressed the idea that the Constitution is a living document when he said that it “intends to bear for the coming ages, and as a result, to adapt to various crises of human affairs.” If the current Supreme Court Justice look at the Constitution in this way, then they will interpret the provision of birth citizenship in such a way that it consider it in the present circumstances, such as an illegal immigration crisis that is Overwhelmed our immigration courts, Due to waiting for four to five years for hearing and birth tourism.
Birth tourism Pregnant women visiting the US refers to non -resident visitors when their real intention is to give birth to a child in the US to make an American citizen. Get a visa under false excuse Their entry into the US and makes their stay illegal. According to the Congress Chip Roy (R-Texas), the President of the House Constitution Deputy Committee is born tourism Between 124,000 and 300,000 times a year.
These problems were not present yet when the 14th amendment was written or when its provisions were debated.
Nolan rapoport The house was detailed for the House Judiciary Committee as an executive wing immigration law expert for three years. He later served as an immigration lawyer for immigration, border security and sub -committee on claims for four years. Before working on the judiciary committee, he wrote decisions for the Immigration Appeal Board for 20 years.
