NASHVILLE, Tenn. (WTVF) — Among the many executive orders signed by President Donald Trump targeting immigration is one that would end birthright citizenship. If the proposal stands, future children born to undocumented immigrants would no longer be treated as citizens.
America has been a melting pot for years, with people coming from Mexico, Poland, Ukraine, Cuba, and, in earlier days, Germany and Ireland.
Ratified in 1868, the 14th Amendment has granted citizenship to anyone born in the U.S., regardless of where their parents come from, for the past 150 years.
“It was a Reconstruction-era amendment designed to address the wide-ranging abuses that many African Americans and others faced, but African Americans, in particular, faced after the Civil War,” said Dr. Sekou Franklin, Middle Tennessee State University political science professor.
“This next order relates to the definition of birthright citizenship under the 14th Amendment of the United States," said a staffer to President Trump, in which he responded by, "That's a good one. Birthright. That's a big one."
This as he signed an executive order stating that future children born to undocumented immigrants would no longer be guaranteed citizenship. The order even extends to the children of some mothers in the country legally but temporarily, such as foreign students or tourists.
In the executive order signed on Monday, the White House claims, “The Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States."
Franklin said the order contradicts more than 100 years of legal precedent in the Supreme Court of the United States.
“In that case (United States v. Wong Kim Ark), that case ultimately said that if you are born here in the United States, you are a citizen,” said Franklin. “If you're born on U.S. soil, or, for example, in the military and you're born on a military base, you could be a U.S. citizen.”
That’s why Franklin believes this issue could end up back in the Supreme Court of the United States.
“What Trump is doing is illegal, but he's counting on the Supreme Court to effectively look the other way and to create new precedent,” added Franklin.
According to Pew Research, there are about 4.4 million U.S.-born children under 18 living with an unauthorized immigrant parent. Pew also states that as of 2022, there are 11 million unauthorized immigrants living in the U.S., representing 3.3% of the population.
President Trump's executive order is scheduled to go into effect on Feb. 19. The order would not impact the legal status of children born prior to Feb. 19, 2025. However, the Trump administration is already facing two lawsuits challenging this action. Attorneys general from 22 states have sued President Trump in two federal districts to block the executive order. This follows another lawsuit from theACLU and other immigrant rights advocates.
The Tennessee Immigrants & Refugee Rights Coalition is holding an educational meeting for communities affected by these changes. Click here for more information.
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