US Birthright Citizenship: Why Trump's Executive Order Will Fail, Int'l Affairs Expert Explains
- President Donald Trump’s executive order to halt birthright citizenship for children of undocumented parents has drawn widespread criticism
- Nigerians abroad strongly criticise the move, emphasising that citizenship by birth is a constitutional right that cannot be changed by executive order alone
- Ambassador Rasheed Akinkuolie asserts the order is “blatantly unconstitutional,” with a federal judge already issuing a temporary restraining order
On his first full day in office, President Donald Trump signed an executive order to halt the practice of granting US citizenship to children born on American soil to parents without legal status.
This move marked a shift in US immigration policy and has sparked widespread debate.
Source: Getty Images
According to Trump during his official inauguration, the executive order was part of a broader agenda to strengthen border security and combat illegal immigration.
However, critics argue that the action challenges the constitutional principle of birthright citizenship, guaranteed under the 14th Amendment of the US Constitution.
Nigerians in diaspora voice strong opposition
For example, Nigerians living abroad who may be greatly affected criticised the executive order, emphasising that birthright citizenship is a constitutional right.
They argue that the legality of such an order lies outside the authority of a single executive action and will ultimately be decided by the US courts.
More specifically, Mr. Ralu Ajekwe, a Nigerian living in the United States, questioned the legal foundation of Trump’s move.
“Is it in line with extant laws? Is an executive order enough to amend a constitutional issue?” he asked.
He added that the government’s role is to protect national interests while adhering to the rule of law.
Will Trump's executive order stand the test of time?
Speaking in an exclusive interview with Legit.ng on Friday, January 24, Ambassador Rasheed Akinkuolie, a former Director of Trade, Investment, and Policy at Nigeria’s Ministry of Foreign Affairs, expressed confidence that Trump’s order would not withstand judicial scrutiny.
“Birthright citizenship is a constitutional right in the United States, and any attempt to alter it would likely face defeat in court,” Akinkuolie stated.
He further explained that the 14th Amendment explicitly guarantees citizenship to all individuals born on US soil, regardless of their parent's legal status.
Legal experts and immigrant rights advocates anticipate significant challenges to the executive order.
Many argue that presidential action alone cannot override the US Constitution’s provisions.
As the debate unfolds, the spotlight will remain on the US judiciary, which is expected to play a crucial role in determining the order's validity. In this light, a federal judge, John Coughenour, has issued a temporary restraining order to block President Donald Trump’s executive order to stop birthright citizenship in the United States of America (USA).
As Akinkuolie projected, the judge said Trump’s executive order was “blatantly unconstitutional.”
Meanwhile, the international community, including Nigerians in the diaspora, continues to watch closely, voicing concerns over the implications of the policy on families and the broader immigrant population.
Reflecting the sentiments of many, Ambassador Akinkuolie concluded,
“The American constitution is clear, and any attempt to undermine its principles through executive action will face significant legal and public resistance.”
US birthright citizenship: 22 states reject Trump's order
Meanwhile, Legit.ng reported that twenty-two (22) Democratic-led states have filed lawsuits challenging Trump's executive order banning birthright citizenship.
The lawsuits argue that the order violates the 14th Amendment's Citizenship Clause, which guarantees citizenship to anyone born in the US.
State attorneys general and immigrant organisations warn that the order would strip over 150,000 children annually of their rights and access to federal benefits.
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Source: Legit.ng
