Executive Order 14156: Protecting the Meaning and Value of American Citizenship

The executive order aims to limit birthright citizenship in the United States, specifically targeting children born to non-citizen parents who are not lawful permanent residents. The order refers to the Fourteenth Amendment, which grants citizenship to those born on U.S. soil, but argues that this does not automatically apply to all cases. It seeks to exclude children born to parents who are either unlawfully present in the country or are temporarily visiting (like on a tourist or student visa) when the father is not a U.S. citizen or lawful permanent resident.

Under the new policy, government agencies would be prohibited from issuing or accepting citizenship documents for individuals in these categories. This would not affect children born to lawful residents. The enforcement of this policy would be handled by the Secretary of State, Attorney General, Homeland Security Secretary, and Social Security Commissioner, who must ensure that their departments follow the new regulations.

Takeaway

The Fourteenth Amendment of the U.S. Constitution clearly states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." This provision has historically been interpreted to grant citizenship to nearly all individuals born on U.S. soil, regardless of their parents' immigration status. Restricting birthright citizenship through an executive order challenges this established constitutional precedent and could lead to significant legal challenges. The authority to amend the Constitution or reinterpret its provisions lies with Congress and the courts, not the executive branch.

Moreover, such a policy risks creating a class of stateless individuals who are born in the U.S. but denied citizenship, which could lead to severe humanitarian consequences. It could also harm the country’s image as a beacon of liberty and equality, undermining the principle of jus soli (right of the soil), which has long been a cornerstone of American identity.

Finally, targeting specific groups based on the immigration status of parents raises ethical and practical concerns. It may disproportionately impact vulnerable populations, creating barriers to documentation, access to services, and opportunities for children who have no control over the circumstances of their birth. Such a move could deepen societal divisions and run counter to the values of equality and inclusion that define the nation.