Donald Trump has vowed to end automatic citizenship for anyone born in the US. In one of his first acts as the 47th president of the United States, Trump signed an executive order aimed at ending “birthright citizenship”—the automatic American citizenship that is granted to anyone born in the country.
Trump’s order seeks to change the rules to deny the granting of citizenship to the children of migrants who are either in the US illegally or on temporary visas. The document does not suggest that the order would apply retrospectively, reported the BBC.
But it remains unclear how he intends to achieve this, given that birthright citizenship is enshrined in the US Constitution and would require a two-thirds vote in both chambers of Congress to change.
Indeed, Trump’s attempts could face significant legal hurdles. According to BBC, eighteen states, the city of San Francisco, and the District of Columbia have already sued the federal government and challenged the executive order.
Can Trump do it?
The 14th Amendment was adopted in 1868, after the close of the Civil War. The 13th Amendment had abolished slavery in 1865, while the 14th settled the question of the citizenship of freed, American-born former slaves.
Previous Supreme Court decisions, like Dred Scott v Sandford in 1857, had decided that African Americans could never be US citizens. The 14th Amendment overrode that. In 1898, the US Supreme Court affirmed that birthright citizenship applies to the children of immigrants.
“He’s doing something that’s going to upset a lot of people, but ultimately this will be decided by the courts,” said Saikrishna Prakash, a constitutional expert and University of Virginia Law School professor. “This is not something he can decide on his own.”
That could lead to a lengthy court battle that ultimately winds up at the US Supreme Court. A constitutional amendment could do away with birthright citizenship, but that would require a two-thirds vote in both the House of Representatives and the Senate and approval by three-quarters of US states.
How Trump’s Threat to End Automatic U.S. Citizenship Could Affect Canada
Donald Trump’s threat to end automatic U.S. citizenship for children born on American soil has raised concerns not just within the U.S. but across the border in Canada. While the policy has not yet been enacted, its mere threat could trigger significant shifts in immigration patterns and policy debates in Canada. Here are six potential impacts:
- Increased Cross-Border Migration
The uncertainty around U.S. birthright citizenship could lead to more expectant families crossing into Canada to give birth. Canada’s guaranteed birthright citizenship could become more appealing as a stable alternative to the changing U.S. policy.
- Pressure on Canada’s Birthright Policies
As the threat of a U.S. policy change looms, Canada could face increased pressure to revisit its birthright citizenship laws. If more people begin to travel to Canada to secure citizenship for their children, it could spark debates over whether Canada should tighten its rules.
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Uncertainty for Dual Citizens
Many Canadians with U.S. ties could be uncertain about their children’s citizenship status if the U.S. ends birthright citizenship. Even the possibility of such a change might encourage more families to secure Canadian residency or citizenship as a safeguard.
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Spike in Immigration Applications
If families fear losing U.S. citizenship, Canada could see a rise in applications for permanent residency, work permits, and citizenship. The threat alone might drive people to seek stability in Canada’s immigration system.
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Strained Canada-U.S. Relations
The potential U.S. policy change could strain immigration relations between the two countries. Canada might see an influx of people seeking refuge from the uncertainty in the U.S., requiring adjustments to immigration policies.
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Disruption for Cross-Border Families
For families with ties on both sides of the border, the fear of losing U.S. citizenship could disrupt long-term plans. The mere threat of change might push families to relocate to Canada for more security and stability.
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