Analysis: Trump’s intentions to eliminate 14th Amendment birthright citizenship
  • President Donald Trump plans to sign an executive order that would end the right to citizenship based on birth in the United States for children born to undocumented immigrants, according to an interview he gave to Axios.

    The president said he has been told that he can amend the 14th Amendment of the Constitution without Congressional consent and "just with an executive order."

    Key points:

    • The citizenship clause of the 14th Amendment has generally been interpreted to mean that any person born in the United States automatically gains U.S. citizenship, regardless of the citizenship or immigration status of the person's parents, with limited exceptions such as children born to recognized foreign diplomats.
    • An executive order would attempt to reinterpret the 14th Amendment such that children born in the United States to unlawful immigrants would not become U.S. citizens at birth.
    • Such an order would go against Supreme Court jurisprudence dating back to 1898 and the prevailing view of legal scholars, and would face immediate legal challenge.

    Background: The first clause of the 14th Amendment, known as the citizenship clause, provides that "[a]ll 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."
    The long-established view of the executive branch and the courts is that undocumented immigrants are "subject to the jurisdiction" of the U.S. Conservatives who want to limit birthright citizenship have argued that the term "jurisdiction" should be read to mean "complete jurisdiction" based on undivided allegiance to the U.S. and mutual consent between the U.S. government and the individual, which they argue undocumented parents do not have.

    Analysis: Although Congress has at times contemplated changes to the 14th Amendment through legislation, the executive branch has never seriously considered unilaterally changing its interpretation of it. An executive order would be subject to legal challenge and we anticipate a court would enjoin implementation of the executive order pending legal review. The president's statement—just days before the mid-term election—is best viewed as a political pronouncement intended to rally his supporters who care about illegal immigration. The likelihood of the administration successfully changing birthright citizenship is remote.

    For additional legal analysis, view our BAL Backgrounder here. To stay abreast of further updates, please subscribe to our newsletter.
    This post has been provided by Berry Appleman & Leiden (BAL) Corporate Immigration. For more information please contact: Kristi Paulsen - Relocation Today or Jennifer Fisher - BAL

    About Berry Appleman & Leiden LLP
    Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seventeen offices across the U.S. and Globe. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

    Source: Berry Appleman & Leiden LLP
    Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.

    About Relocation Today: Relocation Today, Inc. has been joyfully developing and serving corporate clients global relocation needs, supporting recruiting efforts & managing summer intern housing programs since 1994.  For more information on services or relocation benefits policy review please contact: Richard Rudeen, Business Development Manager richardr@relocation-today.com 952.278.0530

Analysis: Trump’s intentions to eliminate 14th Amendment birthright citizenship
  • President Donald Trump plans to sign an executive order that would end the right to citizenship based on birth in the United States for children born to undocumented immigrants, according to an interview he gave to Axios.

    The president said he has been told that he can amend the 14th Amendment of the Constitution without Congressional consent and "just with an executive order."

    Key points:

    • The citizenship clause of the 14th Amendment has generally been interpreted to mean that any person born in the United States automatically gains U.S. citizenship, regardless of the citizenship or immigration status of the person's parents, with limited exceptions such as children born to recognized foreign diplomats.
    • An executive order would attempt to reinterpret the 14th Amendment such that children born in the United States to unlawful immigrants would not become U.S. citizens at birth.
    • Such an order would go against Supreme Court jurisprudence dating back to 1898 and the prevailing view of legal scholars, and would face immediate legal challenge.

    Background: The first clause of the 14th Amendment, known as the citizenship clause, provides that "[a]ll 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."
    The long-established view of the executive branch and the courts is that undocumented immigrants are "subject to the jurisdiction" of the U.S. Conservatives who want to limit birthright citizenship have argued that the term "jurisdiction" should be read to mean "complete jurisdiction" based on undivided allegiance to the U.S. and mutual consent between the U.S. government and the individual, which they argue undocumented parents do not have.

    Analysis: Although Congress has at times contemplated changes to the 14th Amendment through legislation, the executive branch has never seriously considered unilaterally changing its interpretation of it. An executive order would be subject to legal challenge and we anticipate a court would enjoin implementation of the executive order pending legal review. The president's statement—just days before the mid-term election—is best viewed as a political pronouncement intended to rally his supporters who care about illegal immigration. The likelihood of the administration successfully changing birthright citizenship is remote.

    For additional legal analysis, view our BAL Backgrounder here. To stay abreast of further updates, please subscribe to our newsletter.
    This post has been provided by Berry Appleman & Leiden (BAL) Corporate Immigration. For more information please contact: Kristi Paulsen - Relocation Today or Jennifer Fisher - BAL

    About Berry Appleman & Leiden LLP
    Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seventeen offices across the U.S. and Globe. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.

    Source: Berry Appleman & Leiden LLP
    Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.

    About Relocation Today: Relocation Today, Inc. has been joyfully developing and serving corporate clients global relocation needs, supporting recruiting efforts & managing summer intern housing programs since 1994.  For more information on services or relocation benefits policy review please contact: Richard Rudeen, Business Development Manager richardr@relocation-today.com 952.278.0530