On his first day in workplace, President Donald J. Trump signed an government order attacking birthright citizenship, the constitutional proper giving automated citizenship to any particular person born within the states. Whereas many say Trump’s name to reevaluate this American precept is strictly an assault on unlawful immigration, the controversial order has many People scared… and for good purpose.
Actually, the controversy over birthright citizenship dates again centuries to American slavery. The notorious Dred Scott v. Sandford 1857 resolution dominated that Black folks couldn’t be U.S. residents, however little did the Supreme Court docket know their ruling would set the stage for the Civil Battle.
After the battle ended, three amendments have been added to the Structure granting citizenship and righting the wrongs of slavery’s previous. The thirteenth, 14th, and fifteenth Amendments are often called the “Reconstruction Amendments,” however what occurs if one or all of them get stripped from American historical past?
Trump Taking a Web page From a Beforehand Closed E book
No U.S. president has ever gone after the 14th Modification earlier than, however Trump’s birthright citizenship assault isn’t the primary time this modification has been beneath hearth. Paradoxically, 2025 marks 30 years since an identical invoice was proposed in Congress.
The Citizenship Reform Act of 1995 aimed to do away with automated citizenship for U.S. born youngsters of non-citizen dad and mom. The invoice was supported by Republican leaders like former Rep. Elton Gallegly, however shock, shock… it by no means handed.
The invoice would have amended the Immigration and Nationality Act, however the true subject was it violated the 14th Modification, making it merely unconstitutional. The modification’s Citizenship Clause says citizenship is not based mostly on race or parentage, however quite on place of origin. So with that, the 1995 try to rewrite the Structure was killed, however now it appears Trump is making an attempt to revive the failed campaign.
How Will Eradicating the 14th Modification Have an effect on People?
Let’s be clear, based on the U.S. Structure birthright citizenship is completely assured. And extra to that time, any amendments added to or faraway from the Structure should be made by Congress, and by no means by the president.
However even then so, Trump’s order has opened a can of worms for residents and non-citizens alike on what the nation will appear like with out the assure of birthright citizenship. The nation already mistrust the White Home’s continued dealing with of immigration, however with out the 14th Modification, Black folks, Hispanic folks, and anybody else that may very well be thought of “not American sufficient” will seemingly face additional discrimination and violence towards them.
So… Now, What?!
Trump is already catch warmth over his try to rewrite the Structure. Up to now, over 22 states have taken authorized motion towards Trump’s government order, based on PBS. And extra states, cities, activists, and politicians are anticipated to file their very own fits.
Walter Dellinger, a lawyer who testified towards the 1995 Citizenship Reform Act, stated “To undertake such an modification wouldn’t be technically illegal, however it will flatly contradict our constitutional historical past and our constitutional traditions,” based on The New York Occasions.
Dellinger added “From our expertise with Dred Scott we had realized that our nation ought to by no means once more belief to judges or politicians the ability to deprive from a category born on our soil the correct of citizenship.” The 157-year-old Modification has lasted this lengthy, however the way forward for such an vital piece of American historical past stays unclear.
In the introduced government order, Trump stated his mandate will take impact in 30 days.