In a series of executive actions on his first day back in office, former President Trump has moved to significantly reshape U.S. immigration policy and border security. One of the most controversial orders aims to terminate birthright citizenship for children born to undocumented immigrants, citing the need to "protect the meaning and value of American citizenship." This action is expected to draw immediate legal challenges, with critics arguing it violates the 14th Amendment's guarantee of citizenship to anyone born in the United States and subject to its jurisdiction. The order specifies that birthright citizenship would not apply to children born to mothers unlawfully present in the U.S. if the father is not a citizen or lawful permanent resident, or if the mother's presence is legal but temporary (e.g., on a visa) and the father doesn't hold citizenship or permanent residency.
Former President Trump with Border Patrol Chief Rodney Scott at the border wall commemoration ceremony in San Luis, Arizona, on June 23, 2020. (Saul Loeb/AFP via Getty Images)
This move reignites a debate over the interpretation of the 14th Amendment and echoes similar attempts during Trump's previous presidency. Legal scholars and activists are poised to contest the order's constitutionality, arguing that such a fundamental change requires legislative action, not an executive order. Trump's advisors and some conservative legal experts maintain that granting birthright citizenship to children of undocumented immigrants is a misinterpretation of the amendment.
Beyond the birthright citizenship order, Trump has signed additional directives aimed at fortifying border security. These include declaring a national emergency at the border, restarting construction of the border wall, and revoking Biden-era parole policies, including those for Cubans, Haitians, Nicaraguans, and Venezuelans, as well as the use of the CBP One app for migrant parole. The CBP One app saw its functionality curtailed by Monday afternoon.
Donald Trump at the U.S.-Mexico border on August 22, 2024, near Sierra Vista, Arizona. (Rebecca Noble/Getty Images)
Further actions include deploying U.S. troops to both the southern and northern borders under U.S. Northern Command, prioritizing border security and territorial integrity in military strategic planning. International cartels, such as MS-13 and Tren de Aragua, are to be designated as Foreign Terrorist Organizations (FTOs) and Specially Designated Global Terrorists (SDGTs), enabling targeted actions against their members, including financial penalties.
Other orders reportedly being prepared include a four-month suspension of refugee resettlement, the implementation of an immediate removal process for migrants that eliminates the possibility of seeking asylum, and a directive for the attorney general to pursue capital punishment for the murder of law enforcement officers and capital crimes committed by undocumented immigrants.
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