Pres. Trump Executive Order on Birthright Citizenship

Introduction

This memorandum addresses whether the President of the United States has the authority to deny citizenship to individuals born in the United States under specific conditions related to the immigration status of their parents. Specifically, the conditions are:

(1) when the 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 the person's birth, and

(2) when the 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 the person's birth.The analysis concludes that the President does not have the authority to deny citizenship under these conditions based on the Fourteenth Amendment and relevant case law.

Statement of Facts

The query involves two specific conditions under which the President might seek to deny citizenship to individuals born in the United States:

1.The individual's mother was unlawfully present in the United States at the time of birth, and the father was not a United States citizen or lawful permanent resident.

2.The individual's mother was lawfully but temporarily present in the United States at the time of birth, and the father was not a United States citizen or lawful permanent resident. Tuan Anh Nguyen v. INS, 533 U.S. 53Rogers v. Bellei, 401 U.S. 815

Legal Standards/Rules

The Fourteenth Amendment to the United States Constitution provides that all persons born or naturalized in the united states, and subject to the jurisdiction thereof, are citizens of the united states and of the state wherein they reside McDonald v. City of Chicago, 561 U.S. 742 Kennedy v. Mendoza-Martinez, 372 U.S. 144.

This constitutional provision establishes birthright citizenship for all individuals born on U.S. soil, regardless of the citizenship status of their parents, with limited exceptions. Weedin v. Chin Bow, 274 U.S. 657Montana v. Kennedy, 366 U.S. 308

In United States v. Wong Kim Ark, the U.S. Supreme Court held that Congress had no power to restrict the acquisition of citizenship conferred at birth in the United States Zartarian v. Billings, 204 U.S. 170.

The Court ruled that a person born in the United States to non-citizen parents was a U.S. citizen under the Fourteenth Amendment. This principle has been reaffirmed in subsequent case law, establishing that the constitutional rule of universal citizenship for all persons born in the United States is unaffected by the status of their parents, except in rare circumstances. § 92.03 Birth in United States. Rogers v. Bellei, 401 U.S. 815

Analysis

The Fourteenth Amendment's Citizenship Clause clearly states that all persons born in the United States and subject to its jurisdiction are citizens at birth. Rogers v. Bellei, 401 U.S. 815 Perez v. Brownell, 356 U.S. 44. This provision has been interpreted by the U.S. Supreme Court to provide a clear and unambiguous guarantee of citizenship to all persons born on U.S. soil, regardless of the citizenship status of their parents Weedin v. Chin Bow, 274 U.S. 657 Rogers v. Bellei, 401 U.S. 815.

In United States v. Wong Kim Ark, the Court held that Congress does not have the authority to restrict the effect of birthright citizenship. This ruling underscores the constitutional protection of birthright citizenship and limits the power of both Congress and the President to alter this fundamental right.

Furthermore, the constitutional rule of universal citizenship for all persons born in the United States is unaffected by the status of such persons' parents, except in rare circumstances, such as children of foreign diplomats. § 92.03 Birth in United States Montana v. Kennedy, 366 U.S. 308.The immigration status of the mother, whether unlawfully present or lawfully but temporarily present, does not affect the citizenship of the child born in the United States Tuan Anh Nguyen v. INS, 533 U.S. 53.

The key factor is that the child is born on U.S. soil and is subject to its jurisdiction.Additionally, the U.S. Supreme Court has emphasized that no act of Congress can affect citizenship acquired as a birthright by virtue of the Constitution itself. Afroyim v. Rusk, 387 U.S. 253.This principle further limits the authority of the President to deny citizenship to individuals born in the United States under the specified conditions.

Conclusion

Based on the Fourteenth Amendment and relevant case law, the President of the United States does not have the authority to deny citizenship to individuals born in the United States under the specified conditions related to the immigration status of their parents. The constitutional guarantee of birthright citizenship applies regardless of the parents' immigration status, and any attempt to deny this right would likely face significant constitutional challenges and potential invalidation by the courts.