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Trump Decree Ends Birthright Citizenship

Wykrota Law Firm

The President of the United States, Donald Trump, signed an executive order on January 20, 2025, aiming to restrict birthright citizenship, a right guaranteed by the 14th Amendment of the U.S. Constitution. The measure seeks to prevent children of undocumented immigrants or individuals with temporary visas from automatically acquiring U.S. citizenship upon birth within U.S. territory. The order instructs government agencies to cease issuing citizenship documents in cases where mothers are in irregular status or temporarily present in the country if the father is neither a U.S. citizen nor a permanent resident.

 

The 14th Amendment, ratified in 1868, guarantees citizenship to all individuals born in the United States, with rare exceptions such as children of foreign diplomats. However, Trump argues that the amendment has been misinterpreted and should not be applied universally. Nonetheless, legal scholars and analysts consider the executive order unconstitutional, as changes to the Constitution require Congressional approval and ratification by the states—a complex and lengthy process.

 

The measure has sparked strong opposition and prompted multiple legal challenges. At least 22 U.S. states, primarily governed by Democratic Party leaders, have filed lawsuits to block the executive order's implementation. Non-governmental organizations have also taken the matter to federal courts, labeling the order an unlawful attempt to rewrite the Constitution without legal authority.

 

In addition to its impact on the children of undocumented immigrants, the order directly affects tourists, students, and temporary workers, including Brazilians living or visiting the United States. An estimated 230,000 Brazilians are in irregular status in the U.S., many of whom fear the legal implications of the measure.

 

The executive order is part of a broader package of immigration-related actions. Trump declared a national emergency at the U.S.-Mexico border, tightening security measures and expediting the construction of physical barriers. Other initiatives include increasing penalties for undocumented immigrants, temporarily suspending the Refugee Admissions Program, and creating task forces to combat immigration-related crimes.

 

Despite these measures, experts predict that implementing the executive order will face significant legal hurdles. The principle of jus soli is a well-established practice in the United States and approximately 30 other countries. Any attempt to alter it will require prolonged legal battles and legislative approval. Meanwhile, the measure has caused uncertainty and fear among immigrants and civil rights advocacy groups.

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