Ann Arbor Times

President Trump has signed an executive order aimed at ending birthright citizenship, a move aligned with his long-standing campaign promises to tighten immigration laws. This decision is expected to face legal challenges, as cities across the nation prepare for potential mass deportations.

Samuel Erman, a law professor at the University of Michigan specializing in citizenship and constitutional law, explained that U.S. citizenship can be acquired either at birth or later through naturalization. The Fourteenth Amendment and federal statute 8 U.S.C. 1401 currently ensure citizenship for those born within U.S. borders who are subject to its jurisdiction. Exceptions include children of ambassadors, soldiers from invading armies, and certain American Indians.

Trump's interpretation of "subject to the jurisdiction" diverges from traditional understandings by excluding children born to parents without permanent residency permission in the United States. The executive order mandates federal agencies not to issue or recognize citizenship documents under this new interpretation but applies only to individuals born more than 30 days after the order's issuance.

The scope of Trump's executive order includes children of non-permanent residents from all countries, not distinguishing between parental origins such as Mexico, the Caribbean, Europe, or Canada. The legal battle over this executive action is anticipated to reach the U.S. Supreme Court.

Erman notes that predicting how justices will rule on constitutional matters is challenging due to factors like text interpretation, historical context, precedent, public opinion, and political considerations. The outcome could significantly impact U.S. democracy and national identity.