I was quoted by the Times of India on President Trump’s Executive Order “Protecting the Meaning and Value of American Citizenship,” in which he stipulates that at least one parent now must be a U.S. citizen or lawful permanent resident for a child to obtain U.S. citizenship at birth. This order appears to directly contravene the 14th Amendment, which unequivocally states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
The phrase “subject to the jurisdiction thereof” has been consistently interpreted to include nearly all individuals born on U.S. soil, irrespective of their parents’ immigration status, other than children of enemy occupiers or diplomats. The landmark Supreme Court case United States v. Wong Kim Ark (1898) reaffirmed this interpretation, granting citizenship to a child born in the U.S. to Chinese immigrant parents who were not U.S. citizens. This decision established a precedent which leaves little room for reinterpretation.
The President’s argument hinges on a selective and self-serving reinterpretation of “subject to the jurisdiction thereof.” The sweeping language of the executive order excludes from eligibility the children of undocumented immigrants as well as children of legal nonimmigrants, such as H-1B/L-1/TN workers, F-1 students, and other temporary residents. By placing the citizenship of these U.S.-born children in jeopardy, the order creates great uncertainty for immigrant families who have long contributed to the U.S. economy and society. And for a President who claims to champion merit and hard work, this order is a harsh blow to those who exemplify those very ideals. Many of these individuals, particularly those in H-1B status, have spent a decade or more navigating the labyrinthine immigration system, paying taxes, and contributing to their communities, only to face the prospect of their children inheriting the same uncertainty and lengthy delays that they themselves endured. By erecting new barriers to their children’s inclusion, it undermines the foundation of a nation built on the promise of opportunity and equality for all.
This EO will undoubtedly face swift and intense legal challenges; the ACLU has already filed suit. No stroke of a pen in the West Wing can override the 14th Amendment, and it is all but certain that the courts will strike this order down as unconstitutional.
TOI Article Links below:
https://timesofindia.indiatimes.com/world/us/citizenship-by-birth-curtailed-even-for-legal-immigrants-over-1-million-indians-in-green-card-queue-impacted/articleshow/117419508.cms
https://timesofindia.indiatimes.com/world/us/first-lawsuit-filed-in-us-district-court-contesting-end-to-citizenship-by-birth/articleshow/117421279.cms
The U.S. Immigration Law Blog by Ashwin Sharma 
Quoted by the Times of India on President Trump’s Executive Order “Protecting the Meaning and Value of American Citizenship”
I was quoted by the Times of India on President Trump’s Executive Order “Protecting the Meaning and Value of American Citizenship,” in which he stipulates that at least one parent now must be a U.S. citizen or lawful permanent resident for a child to obtain U.S. citizenship at birth. This order appears to directly contravene the 14th Amendment, which unequivocally states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
The phrase “subject to the jurisdiction thereof” has been consistently interpreted to include nearly all individuals born on U.S. soil, irrespective of their parents’ immigration status, other than children of enemy occupiers or diplomats. The landmark Supreme Court case United States v. Wong Kim Ark (1898) reaffirmed this interpretation, granting citizenship to a child born in the U.S. to Chinese immigrant parents who were not U.S. citizens. This decision established a precedent which leaves little room for reinterpretation.
The President’s argument hinges on a selective and self-serving reinterpretation of “subject to the jurisdiction thereof.” The sweeping language of the executive order excludes from eligibility the children of undocumented immigrants as well as children of legal nonimmigrants, such as H-1B/L-1/TN workers, F-1 students, and other temporary residents. By placing the citizenship of these U.S.-born children in jeopardy, the order creates great uncertainty for immigrant families who have long contributed to the U.S. economy and society. And for a President who claims to champion merit and hard work, this order is a harsh blow to those who exemplify those very ideals. Many of these individuals, particularly those in H-1B status, have spent a decade or more navigating the labyrinthine immigration system, paying taxes, and contributing to their communities, only to face the prospect of their children inheriting the same uncertainty and lengthy delays that they themselves endured. By erecting new barriers to their children’s inclusion, it undermines the foundation of a nation built on the promise of opportunity and equality for all.
This EO will undoubtedly face swift and intense legal challenges; the ACLU has already filed suit. No stroke of a pen in the West Wing can override the 14th Amendment, and it is all but certain that the courts will strike this order down as unconstitutional.
TOI Article Links below:
https://timesofindia.indiatimes.com/world/us/citizenship-by-birth-curtailed-even-for-legal-immigrants-over-1-million-indians-in-green-card-queue-impacted/articleshow/117419508.cms
https://timesofindia.indiatimes.com/world/us/first-lawsuit-filed-in-us-district-court-contesting-end-to-citizenship-by-birth/articleshow/117421279.cms
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