The Birthright Citizenship Executive Order
Much has been written about President Trump’s executive order concerning birthright citizenship. I’ll add a few thoughts here.
First, this order did not tie the denial of birthright citizenship to the invasion order. Rather, it is far broader. A child born to any mother who is not lawfully present, or a mother who only lawfully present for a temporary period, would not be a birthright citizen. This position can be refined in the inevitable litigation.
Second, the order only applies prospectively to children born 30 days after the issuance of the order. But if this order is successful, there is nothing that would prevent this policy from being enforced retroactively. Trump would not have to denaturalize people. It would be sufficient to deny them documentation of citizenship.
Third, the order simply withholds the issuance of certain identity documents:
It is the policy of the United States that no department or agency of the United States government shall issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship . . . .
This order
Article from Reason.com
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