U.S. President Donald Trump signed an executive order hours after being sworn in that could lead to children born in the country no longer being deemed as citizens regardless of their parents’ status.
Trump promised during his campaign to become president he would end “birthright citizenship,” something opponents say creates an incentive for people to come into the U.S. illegally.
Birthright citizenship allows for anyone born in the U.S. to be considered a citizen, regardless of whether their parents are also citizens of the country or they’re on a tourist visa or even living there illegally.
Legal experts say attempts to restrict that are likely to fail if challenged in court.
“It is very likely to fail because birthright citizenship is a constitutionally protected right guaranteed by the first sentence of the 14th Amendment, U.S. Constitution and upheld by previous Supreme Court decisions,” said Amanda Frost, a University of Virginia law professor.
The president’s executive order, however, questions that line and whether it extends citizenship to anyone born in the U.S. automatically.
Under Trump’s executive order, which would take effect 30 days from Tuesday, people are excluded from automatic citizenship if their mothers were not legally in the U.S. and fathers were not citizens or lawful permanent residents, or if their mothers were in the country legally but on a temporary basis and their father was not a citizen or legal permanent resident.
It also bars federal agencies from issuing documents recognizing citizenship, like a passport, or accepting documents issued by state or local governments.
The Pew Research Center says in 2016, there were about 250,000 babies born to parents who did not hold legal status in the
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