Blatantly Unconstitutional: Why US Judge Blocked Donald Trump's Birthright Citizenship Order
The year was 2018 when former US President Donald Trump signed an executive order aimed at limiting birthright citizenship for children born to non-citizens on American soil. The controversial move sparked intense debate and was ultimately blocked by a US judge. In this blog post, we will delve into the reasons behind the judge's decision and explore the constitutional implications of Trump's executive order.
Understanding Birthright Citizenship
Birthright citizenship stems from the 14th Amendment to the US Constitution, which states that "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." In simpler terms, anyone born on US soil automatically receives citizenship.
The Presidential Executive Order
Trump's executive order aimed to reinterpret the 14th Amendment by excluding children of non-citizens and unauthorized immigrants from birthright citizenship. The order was met with immediate backlash and was swiftly challenged in court.
The Judge's Ruling
U.S. District Judge Jon S. Tigar ruled against the Trump administration, stating that the executive order was "blatantly unconstitutional." Tigar emphasized that the 14th Amendment's citizenship clause has been consistently interpreted to grant citizenship to nearly all individuals born in the US since its ratification in 1868.
Constitutional Implications
The 14th Amendment was ratified following the Civil War to ensure citizenship rights for formerly enslaved individuals. Its citizenship clause has been a cornerstone of American democracy, providing a clear path to citizenship for generations of immigrants.
Trump's executive order attempted to bypass the constitutional amendment process, which requires a two-thirds majority in both the House of Representatives and the Senate, followed by ratification by three-fourths of the states. By issuing an executive order, Trump sought to unilaterally change the interpretation of the 14th Amendment, a move that was met with widespread criticism and legal challenges.
Impact on Immigrant Families
The executive order caused significant fear and uncertainty among immigrant families. The threat of losing birthright citizenship for their children added another layer of stress to an already complex immigration system. The judge's ruling provided much-needed relief and reassurance for these families.
Conclusion
The judge's decision to block Trump's executive order on birthright citizenship underscores the importance of the separation of powers in the US government. The Constitution serves as a check on executive power, preventing unilateral actions that could undermine the rights of individuals. The ruling reaffirms the principle of birthright citizenship and its role in promoting inclusivity and equality in American society.
