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Trump's birthright citizenship attack the latest effort in obsessive campaign

Created at 7 Aug · 2:06 AM1 source↑ Market-relevant
IN SHORT

Donald Trump has again attempted to undermine birthright citizenship with executive orders aimed at restricting eligibility for children born in the US to non-citizens. These orders follow previous efforts and legal challenges, including a Supreme Court ruling that affirmed the 14th Amendment's guarantee of citizenship.

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Key Numbers

22,000 to 26,000annual births to foreign mothers on US soil
9,600births to mothers with foreign addresses in 2024

Who's Involved

Donald Trump
US President attempting to restrict birthright citizenship
John Roberts
Chief Justice who ruled against Trump's previous order
John Eastman
Lawyer who argued for excluding children of non-citizens from birthright citizenship
Kamala Harris
Vice President whose eligibility was questioned by Eastman

↳ Why This Matters

These executive actions represent a significant attempt by the Trump administration to alter a fundamental aspect of US citizenship, potentially impacting millions of individuals and reigniting debates over immigration and constitutional law. The legal challenges are expected to test the limits of executive authority and the interpretation of the 14th Amendment.

Key facts

  • Donald Trump has issued executive orders aimed at restricting birthright citizenship for children born in the US to non-citizens.
  • The orders also seek to ban 'birth tourism'.
  • These actions represent a continuation of Trump's long-standing efforts to challenge birthright citizenship.
  • A previous executive order by Trump on this matter was struck down by the Supreme Court.
  • The Supreme Court affirmed that the 14th Amendment guarantees citizenship to all persons born in the US and subject to its jurisdiction.
  • Donald Trump has once again sought to curtail birthright citizenship in the United States through a pair of executive orders issued on Thursday. These orders aim to broaden the categories of children born in the U.S. to non-citizens who would be ineligible for automatic citizenship and to ban 'birth tourism'.

    Trump's administration previously attempted to end birthright citizenship, with a plan first hinted at in 2015 and later pursued via an executive order in 2018. This 2018 order was ultimately struck down by the Supreme Court in June, with Chief Justice John Roberts stating it violated the 14th Amendment.

    The current executive orders are expected to face legal challenges. Trump's long-standing focus on this issue has been a consistent theme in his political career, dating back to his questioning of Barack Obama's birthplace and later, Kamala Harris's eligibility. John Eastman, a lawyer who has argued that the 14th Amendment should not grant citizenship to children of non-citizens, has been a proponent of this view and was later disbarred for his role in challenging the 2020 election results.

    Frequently asked questions

    Birthright citizenship is the legal right of any person born in the territory of a state to become a national of that state. In the U.S., it is guaranteed by the 14th Amendment to the Constitution.

    Birth tourism refers to the practice of traveling to a country with the intention of giving birth there to obtain citizenship for the child.

    In June, the Supreme Court struck down a previous executive order by Donald Trump that sought to deny citizenship to children born in the U.S. to non-citizens, affirming the 14th Amendment's guarantee.

    John Eastman is a lawyer who has argued that the 14th Amendment should exclude children of non-citizens from birthright citizenship. He was later disbarred for advancing false claims about the 2020 election.

    What Happens Next

    01The new executive orders are likely to face legal challenges.
    02Courts will determine the legality of Trump's latest attempts to restrict birthright citizenship.

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    Cadence

    How It Developed

    Donald Trump issued executive orders attempting to restrict birthright citizenship.
    The orders aim to broaden categories of children ineligible for automatic US citizenship.
    The orders also target 'birth tourism', which Trump claimed is practiced by hundreds of thousands.
    Estimates suggest birth tourism involves significantly fewer births annually.
    Trump previously hinted at ending 'anchor babies' in 2015, suggesting an act of Congress or executive order.
    In 2018, Trump stated he planned an executive order to deny citizenship to children of non-citizens born in the US.
    Legal scholars largely disagreed with Trump's claim that an executive order could override the 14th Amendment.
    John Eastman argued the 14th Amendment should exclude children of non-citizens.

    Sources

    T1
    Trump’s birthright citizenship attack the latest effort in obsessive campaignThe Guardian

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