The Trump Administration's Executive Order on Birthright Citizenship
In February 2019, the Trump administration issued an executive order that sought to end birthright citizenship for certain categories of infants born in the United States. The order would exclude two groups of infants from U.S. citizenship: those born to a mother who is unlawfully present in the country and a father who is not a citizen or permanent resident, and those born to a mother who is authorized to be in the country for a temporary period and a father who is not a U.S. citizen or permanent resident.
Legal Challenges to the Executive Order
The Trump administration's executive order has been met with numerous legal challenges. Several lawsuits have been filed by immigrant advocacy groups, attorneys general, and the American Civil Liberties Union (ACLU). These lawsuits argue that the order violates the Constitution and would deny impacted infants basic health care and nutrition. Additionally, the lawsuits contend that the order is akin to punishment and unconstitutional.
Uncertainty for Immigrant Parents
The Trump administration's executive order has created confusion and uncertainty among immigrant parents. Many are concerned about the fate of their children's immigration status and whether they will be able to become U.S. citizens. This uncertainty is compounded by the backlog of asylum applications, which could leave families waiting for a permanent decision for another decade.
Case Studies of Pregnant Women Impacted by the Policy
The lawsuit filed by the Institute for Constitutional Advocacy and Protection includes the stories of five pregnant women who are challenging the Trump administration's executive order. One of the women, Monica, is a Venezuelan immigrant who arrived in the United States in 2019 under Temporary Protected Status. She and her partner settled in South Carolina and found work. However, they are now worried about the fate of their child's citizenship, as they fear the new policy will leave their family in limbo.
Another plaintiff in the lawsuit, Liza, is a pregnant woman who immigrated to the United States from Russia alongside her partner. They petitioned for asylum, but the couple says they would face persecution if they return to Russia. Therefore, they cannot safely petition for Russian citizenship for their child, who is due in May.
Conclusion
The Trump administration's executive order on birthright citizenship has sparked legal challenges and created uncertainty for immigrant parents. The outcome of the legal challenges will determine the fate of thousands of infants who would be affected by the policy. In the meantime, immigrant parents like Monica and Liza are left worried and confused about the future of their children.
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