Declaring Executive Order 14160 Unconstitutional?
The Born in the USA Act declares Executive Order 14160, which restricts recognition of birthright citizenship for some children born in the United States, unconstitutional. It reaffirms that the 14th Amendment guarantees citizenship to all persons born in the United States. It therefore prohibits any federal funds from being used to implement Executive Order 14160 or any similar future policy.
Sponsor: Rep. Delia C. Ramirez (Democrat, Illinois, District 3)
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Opponents say
• "It is long overdue for the United States to change its policy on birthright citizenship because it is being abused in so many ways. One example is birth tourism, where wealthy individuals from China and other nations come to the United States simply to have a child who will be an American citizen. When you look at the magnets that draw people to America, birthright citizenship is one of the largest. I also appreciate President Trump’s executive order to address birthright citizenship. It is time for the United States to align itself with the rest of the world and restrict this practice once and for all." Source: Sen. Lindsey Graham (Republican, South Carolina)
• "The promise of American citizenship should not incentivize illegal migration, but that’s exactly what has happened for far too long. It’s time to fix this. Senator Lindsey Graham’s and my Birthright Citizenship Act would codify President Trump’s commonsense stance and end the abuse of birthright citizenship that I do not believe is consistent with the original meaning of the 14th Amendment’s Citizenship Clause. This will protect our nation’s sovereignty, disincentivize illegal migration, and ensure America’s citizenship practices are stronger and better aligned with peer countries around the globe." Source: Sen. Katie Britt (Republican, Alabama)
Proponents say
• "Trump has posed the question of who gets to be an American. The fact is that every citizen not naturalized in this country is a citizen by birthright. And it is important to remember that our nation's history would not be complete without the children of immigrants who, like me, are citizens by birthright and pride themselves on being AMERICANS, I am both a daughter of immigrants and the daughter of America; a proud Chapina and an American by birthright. It is my honor to lead 109 members of Congress to ensure not a single dollar goes to Trump’s illegal, unconstitutional attempt to undermine our Constitution, our rights, our liberties, and the soul of our nation." Source: Rep. Delia C. Ramirez (Democrat, Illinois, District 3)
• "Protecting birthright citizenship from Donald Trump’s reckless executive order is our duty, not only as Democrats, but as Americans. The Fourteenth Amendment was forged in the ashes of the Civil War and refined through 150 years of jurisprudence. No president can change it by executive order, and Trump’s shameless attempt to do so is a grave threat to the very ideals of our nation and of a binding Constitution. Unilaterally modifying the highest law in the land is antithetical to our American values, and we will continue to fight these heinous actions by an administration that seeks to redefine what we, as a nation, stand for." Source: Adriano Espaillat (Democrat, New York, District 3), Hispanic Caucus Chair
• "Birthright citizenship is enshrined in the Constitution and has been affirmed by the Supreme Court numerous times — including in the landmark United States v. Wong Kim Ark decision — yet President Trump is determined to overrule this century-old precedent and eliminate one of the most common pathways for Asian Americans and Pacific Islanders to become U.S. citizens. Not on our watch. I am proud to introduce the Born in the USA Act with my colleagues to stand up for American values and stand against this unconstitutional executive overreach." Rep. Grace Meng (Democrat, New York, District 6), Chair of the Congressional Asian Pacific American Caucus
- Congresista Ramirez Leads 109 Members to Protect the Constitutional Right to Birthright Citizenship (Press Release)
- Executive Order on Birthright Citizenship (AILA)
- Trump Wants to End Birthright Citizenship. Where Do Other Countries Stand? (BBC)
- Repealing Birthright Citizenship: The Unintended Consequences (Migration Policy Institute)
- Rep. Delia C. Ramirez’s Largest Donors (OpenSecrets)
