Trump Birthright Citizenship Executive Order Faces Legal Hurdles

Legal expert Alan Dershowitz expressed skepticism over the survival of Trump birthright citizenship executive order, which was issued Monday shortly after Trump’s inauguration. The order tightens criteria for granting U.S. citizenship to individuals born within the country, a move that has sparked heated debate and immediate legal challenges.

Dershowitz, a seasoned constitutional attorney, questioned the president’s authority to unilaterally alter the interpretation of the 14th Amendment. He cited Section One of the amendment, which states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” According to Dershowitz, the phrase “subject to the jurisdiction thereof” is pivotal and would likely require congressional legislation to redefine its application.

The American Civil Liberties Union (ACLU) filed a lawsuit Monday, arguing that Trump’s executive action violates the 14th Amendment. Dershowitz agreed that the order’s legal standing is uncertain, noting that while the Constitution specifies citizenship for those born in the United States, it does not clarify the full scope of “jurisdiction.” This ambiguity, he argued, leaves room for Congress to legislate but not for executive orders to reinterpret constitutional principles.

Dershowitz criticized the current practice of granting citizenship to so-called “anchor babies,” where children born to non-citizen parents in the U.S. are automatically granted citizenship. He acknowledged flaws in the system, particularly in cases where individuals born to foreign tourists or temporary visitors can claim citizenship decades later. However, he asserted that addressing these concerns would require action by Congress, not unilateral executive measures.

Historical context further complicates the issue. The 14th Amendment, ratified after the Civil War, was designed to overturn the 1857 Supreme Court ruling in Dred Scott v. Sandford, which denied citizenship to African Americans. Changing the interpretation of birthright citizenship would likely prompt a constitutional battle, ultimately leaving the courts to decide.

Dershowitz concluded that while Congress has the authority to refine the definition of jurisdiction under the 14th Amendment, an executive order alone is insufficient. He suggested that even a skilled legal team would struggle to construct a defensible argument for the order’s constitutionality.

The legal challenges to Trump’s executive order highlight the enduring debate over immigration policy and constitutional interpretation in the United States.

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