President Donald Trump's executive order to repeal birthright citizenship is set to affect over 11 million undocumented immigrants and over 580,000 H1-B visa holders. Critics assert that the move is virtually unconstitutional, requiring a constitutional amendment due to the 14th Amendment's existing protections. Despite this, the order aims to reinterpret the amendment, claiming it does not extend citizenship to those whose parents were unlawfully present during birth. Lawsuits may obstruct the order's implementation, reflecting ongoing debate over immigration policy in the U.S.
The move, which is almost certainly unconstitutional, would affect more than 11 million undocumented immigrants in the country as well as people in the US on non-immigrant visas.
To get around this, Trump's executive order attempts to reinterpret the 14th Amendment rather than amending or repealing it altogether.
Critics point out that the move would require a constitutional amendment since birthright citizenship is enshrined under the 14th Amendment.
Historically, the courts have interpreted 'subject to the jurisdiction thereof' to mean anyone present in the country, regardless of their immigration status.
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