Since President Donald Trump’s inauguration on January 20, he authorized 68 executive orders as of February 19, generating widespread controversy, most notably over birthright citizenship. President Trump aims to fulfill campaign promises made throughout 2024, however, he oversteps his authority with this agenda.
President Trump’s executive order to end birthright citizenship for children born in the United States to undocumented immigrants directly defies the 14th Amendment of the Constitution, which declares, “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,” clearly establishing that people born in the United States are U.S. citizens regardless of their parent’s citizenship. The three main groups excluded from birthright citizenship are foreign diplomats, invading armies, and Native Americans on tribal lands as they are not, “subject to the jurisdiction.” Trump argues that the United States should also exclude immigrants who are in the country illegally. Furthermore, Vice President J.D. Vance asks, “If you’re not here permanently, if you’re not subject to the jurisdiction of the United States and don’t plan to be, why would we make those people’s children American citizens permanently?” However, both Trump and Vance fail to recognize that migrants do not come without a “Plan to be” subject to U.S. jurisdiction, but instead seek the lasting security and opportunities that this nation can provide. In 2017, the Pew Research Center found that around 66% of all unauthorized immigrants resided in the United States for at least ten years and a further 77% resided for at least five, clearly revealing their intent on remaining in the United States. Additionally, immigrants, whether documented or undocumented, greatly contribute to the nation’s economy, with a 2019 study from the Institute on Taxation and Economic Policy found, “Undocumented immigrants contribute significantly to state and local taxes, collectively paying an estimated $11.74 billion a year,” and “Granting legal status to all undocumented immigrants in the United States as part of a comprehensive immigration reform and allowing them to work legally would increase their state and local tax contributions by an estimated $2.18 billion a year. Their nationwide effective state and local tax rate would increase to 8.6 percent.” Hence, eliminating birthright citizenship for the children of undocumented immigrants, a major motivation for immigration to the U.S., would not only violate the Constitution but prove counterproductive. Rather than backpedaling, policymakers should seek more effective methods to integrate those striving to build a life in the U.S.
Moreover, the 1898 Supreme Court case United States v. Wong Kim Ark, ruled that a child born parents subjected to the Emperor of China would still qualify as a U.S. citizen. Therefore, both the Constitution and prior rulings go against President Trump’s executive order on birthright citizenship, and he is aware of this. Sierra Vista government teacher Mr. Streets remarked, “I believe the President again is fulfilling campaign promises of putting America first, and he feels what people call things matter as far as an ‘American’ brand, very much like his name is used as a brand for many products.”
Birthright citizenship is not the only controversial executive order by President Trump but rather the most decisive. President Trump’s plans to defund the federal bureaucracy also spark significant contestation. Mr. Streets further comments, “I believe the executive order dealing with birthright citizenship, and defunding the federal bureaucracy have the highest chance of being struck down by the Supreme Court since one deals with a Constitutional definition of citizenship, and the funding was allocated by law.”
President Trump seeks to test the limits of his authority while simultaneously fulfilling campaign promises to deflect responsibility from himself and claim that he at least attempted to sign orders he knows can not pass.
