ORLANDO, Fla. — In a matter of weeks, people who are born in the U.S. won’t necessarily be American citizens.
That’s because the Supreme Court will allow an executive order issued by President Donald Trump to change the interpretation of the 14th Amendment to go into effect.
The decision, however, will not necessarily change the interpretation of the 14th Amendment. Instead, it will limit the power of federal judges across the country to issue federal injunctions.
“I just hope her citizenship is safe,” said a mother who wanted to remain anonymous.
She came to Florida a few years ago under a tourist visa to have her daughter, and left a few months later.
“I fear that she could be treated differently because of how she obtained her immigration status. We wanted my daughter to have the opportunity to study in America in the future, but we as a family have no plans to move there.”
On Friday, the Supreme Court sided with the Trump Administration, clearing the way to end birthright citizenship.
“Thanks to this decision, we can now promptly file to proceed with numerous policies that have been wrongly enjoined on a nationwide basis,” said the president moments after justices released their ruling.
The 14th Amendment states that all persons born or naturalized in the United States are citizens of the United States and of the State where they reside. It was a historic move back in the 1800s when the children of slaves were not deemed to be U.S. citizens. The Amendment then granted citizenship to everyone who was born in America.
In January, President Trump signed an executive order changing that interpretation, stating that American “citizenship does not automatically extend to those born in the United States when that person’s mother was undocumented, and the father was not a United States citizen or green card holder at the time of birth.”
The executive order also states that U.S. citizenship should not be given to children whose parents are in the country legally but only temporarily, like under a tourist, work, or student visa.
“They are now probably going to issue new injunctions, which will probably keep it out of being applied in those places,” said David Stoller, immigration attorney in Orlando.
With the new ruling, there could be different birthright citizenship regulations across different states. “Florida is not a part of that. So, it is possible that the vital records people here in Florida not subjected to that injunction anymore might start issuing birth certificates complying with the executive order.”
The executive order would be allowed to go into effect 30 days after the Supreme Court’s ruling.
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