Key Findings
- Executive Order directly challenges the widely accepted understanding of birthright citizenship as established by the Fourteenth Amendment.
- The order restricts citizenship recognition for individuals born in the US to parents who do not meet specific criteria regarding their legal status at the time of birth, effectively creating a two-tiered citizenship system.
- The order mandates specific actions from executive departments and agencies to enforce these restrictions, demonstrating a top-down approach to policy implementation.
- The broad definitions of 'mother' and 'father' are used to justify the restrictions, potentially leading to discriminatory enforcement.
Most Concerning Aspect
The direct contradiction of established constitutional interpretation regarding birthright citizenship and the creation of a discriminatory system.
Evidence
"“The Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States.”"
"“Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States was lawful but temporary, and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”"