In the wise words of Roy T. Bennett, author of the book “The Light in the Heart”: “We don’t truly appreciate what we have until it’s gone.” Many saw the reality of this quote when the right to birthright citizenship was threatened after President Donald Trump was elected to office on January 20, 2025.
After hearing about this potential change, I, like many people, have tried to figure out what birthright citizenship actually is. According to an article written by Harvard Law, birthright citizenship is “a constitutional provision that guarantees that those born within the boundaries of the United States automatically obtain American citizenship.” To simplify this, if someone is born in the US or any of its territories, they are automatically an American citizen, even if their parents are not.
Trump signed an executive order on the same day he was inaugurated that aimed to deny birthright citizenship to babies born in the US to undocumented and temporary immigrants starting February 19, 2025. On Thursday, January 23, 2025, US District Judge John C. Coughenour put a temporary 14-day block on the executive order, and a second judge, U.S. District Judge Deborah L. Boardman, put another block in place on February 5, 2025 . The Trump administration also received a series of lawsuits from a number of different independent organizations as well as the attorney generals from 22 different states.
Harvard Law Professor Gerald Neuman states that the president has “no authority to change the citizenship rule.” This is the case for two main reasons.
The first reason is that birthright citizenship is part of the US Constitution, which can be changed through amendments that must be voted upon by Congress. Trump, by using an executive order, would attempt to bypass the process of Congress voting to amend the Constitution.
Second, even if Congress were allowed to vote on this order, Neuman explains that “Congress can change the rule, but only to the extent of making it broader. Neither Congress nor the president can reduce it below the constitutional minimum.” This means that Congress can vote to make citizenship laws more inclusive and broad, but they can’t make it less inclusive than what is already in place.
One of the effects of this executive order is reflected through the conversations held by CVHS students and their families.
Charlotte Haney, a teacher at CVHS, says that she has had many students who are concerned about the order and its potential effects.
“The language that people are using to talk about immigrants can be really hurtful to our students, as well as providing an environment that’s really frightening,” Haney said. “A lot of students and their parents are very anxious. I’ve had students tell me that their parents have been worried about them coming to school,” said Haney.
The concerns from students and staff demonstrate the feelings of unease and worry caused by the executive order.
In my opinion, the executive order is unnecessary and would violate the rights of many immigrant groups. The order would violate their constitutional right to citizenship and would go against the parameters instated for constitutional amendments. The citizenship status of one’s parents should not be a determining factor in their citizenship because it impacts children who have done nothing to warrant that treatment and discriminates against immigrants.
The issue of birthright citizenship also does not put the country or its residents in any direct danger, and there are many other issues, such as prices of goods and global wars, that take a greater precedence and negatively affect people than babies whose parents are not citizens or are in the US temporarily. I believe that it is good that the order was blocked, but that block is temporary and the issue is still ongoing. In order to provide the stability and security the immigrant families of this country need, this executive order should not go through if it is revisited at some point.
