Unis Rendon and Janet Moreno.
The announcement of the executive resolution of the President of the United States on the elimination of citizenship by birth caused broad political, legal and social debate. This measure is aimed at rethinking the 14th amendment, denying automatic citizenship for children of illegal mothers or temporary legal status, such as tourists and students. This policy challenges a democratic principle, which was a pillar in the United States for more than a century.
Various organizations, such as Aila, ACLU and civil law lawyers (CSF), submitted the requirements to block the order. In total, 18 states, together with the County of Colombia and San Francisco, led by New Jersey, condemned this action as “extraordinary and extreme”, while other states, such as Arizona, Illinois, Oregon and Washington, made separate requirements. Prosecutors argue that the president lacks the authority to rewrite the Constitution, and warns that this measure is at risk of the country’s legal and social stability.
A few days ago, a federal judge in Seattle, John S. Kugenur, temporarily blocked the order, qualifying him as “clearly unconstitutional.” The initial suspension is 14 days when evaluating the possible expansion. The plaintiffs note that in case of implementation, this policy will seriously affect thousands of children, denying their access to the main services, such as Medicaid and Chip, and exposes them to the risk of apatatrics. The Ministry of Justice, on the contrary, claims that the current interpretation of the 14th amendments is incorrect, claiming that children of foreigners with temporary status are not subject to US jurisdiction. This executive action will undoubtedly follow the winding process in the court and reaches the Supreme Court to determine its constitutionality. The 14th amendment, the first section, the first and fourth item establishes “All people born and naturalized in the United States and are subject to jurisdictions are citizens of the United States and the staff where they live.” This amendment is clear about the constitutional rights of all citizens in this country.
Legal issues emphasize that neither the President nor the Congress have the authority to change the 14th amendment, without passing through the formal process of constitutional amendment, increasing the illegality of the proportion. In addition, this action violates the proper procedure protected by the 5th correction and the law on the administrative procedure, which prohibits arbitrary actions or abuse of power. There are also precedents of the Supreme Court, such as Trop V. Dalles (1958), which is equal to the deprivation of citizenship with the “complete destruction of the status of a person in an organized society.”
According to estimates, this proposal will affect 150,000 newborns per year, including mothers with temporary legal status. The victims can be mothers who entered the country without any documents that will be born in the coming months, as well as mothers who are under visas that are not immigrants, such as tourist visas, a student, as well as the work of H1b (among other things) . For example, Juan’s six months Pregnant and the beneficiary of the special immigration status TPS mentions that since the announcement of this measure she cannot sleep well and is restless with a lot of suffering and the uncertainty of what can happen, and the risk that her child will be nonsense.
The Latin community, which is 19.5% of the American population, is especially vulnerable to this policy. This group turned out to be important for the country’s economy, generating GDP in the amount of $ 2.6 billion, which is equivalent to the fifth largest economy in the world if they were an independent nation. Its purchasing power is $ 3.7 billion, grows 2.5 times faster than the average in terms of world level. In addition, Latino American represent 78% of the new labor in the United States and are the youngest population in the country, with an average age of 12 years. In addition to their economic contribution, Latin American people have a significant cultural and political influence. Currently, 4 out of 5 Latin American citizens are US citizens or legal residents, and 84.4% speak English. His participation in the elections continues to grow, which is 14.7% in the last elections.
An attempt to eliminate birth citizenship is not only a violation of the constitution, but also threatens the democratic values and fundamental rights of millions of people during the emphasizing difficult times that occur in the new era of Trump.
Unis Rendon (PHD) is an expert in the field of migration and security, the coordinator of the agenda of migrants and the former director of the Institute of Mexicans abroad. Janet Moreno is an experienced migration lawyer in the United States.
Source: Aristegui Noticias

John Cameron is a journalist at The Nation View specializing in world news and current events, particularly in international politics and diplomacy. With expertise in international relations, he covers a range of topics including conflicts, politics and economic trends.