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| Trump has vowed to end birthright citizenship. Can he do it? | Trump has vowed to end birthright citizenship. Can he do it? |
| (1 day later) | |
| Donald Trump has vowed to end automatic citizenship for anyone born in the US | Donald Trump has vowed to end automatic citizenship for anyone born in the US |
| In one of his first acts as the 47th president of the United States, Donald Trump signed an executive order aimed at ending "birthright citizenship" - meaning the automatic American citizenship that is granted to anyone born in the country. | In one of his first acts as the 47th president of the United States, Donald Trump signed an executive order aimed at ending "birthright citizenship" - meaning the automatic American citizenship that is granted to anyone born in the country. |
| It's a policy change he's long promised - but implementing it won't be easy. | It's a policy change he's long promised - but implementing it won't be easy. |
| Trump's order seeks to change the rules to deny the granting of citizenship to the children of migrants who are either in the US illegally or on temporary visas. It applies to children born on 19 February and onwards, and does not apply retroactively. | |
| Most legal scholars agree that this will be difficult for Trump to achieve, given that birthright citizenship is enshrined in the US Constitution and would require a two-thirds vote in both chambers of Congress to change. | |
| Indeed, Trump's attempts could face significant legal hurdles. Twenty-two states, along with the city of San Francisco and the District of Columbia, have already sued the federal government and challenged the executive order. | |
| The plan also suffered an early set back on the fourth day of Trump's presidency, when a federal judge in Seattle temporarily blocked Trump's order from taking effect. | |
| What is 'birthright citizenship'? | What is 'birthright citizenship'? |
| The first sentence of the 14th Amendment to the US constitution establishes the principle of "birthright citizenship": | The first sentence of the 14th Amendment to the US constitution establishes the principle of "birthright citizenship": |
| "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." | "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." |
| Immigration hardliners argue that the policy, external is a "great magnet for illegal immigration" and that it encourages undocumented pregnant women to cross the border in order to give birth, an act that has been pejoratively called "birth tourism" or having an "anchor baby". | Immigration hardliners argue that the policy, external is a "great magnet for illegal immigration" and that it encourages undocumented pregnant women to cross the border in order to give birth, an act that has been pejoratively called "birth tourism" or having an "anchor baby". |
| LIVE: Follow BBC's live coverage | LIVE: Follow BBC's live coverage |
| ANALYSIS: Six Trump executive orders to watch | ANALYSIS: Six Trump executive orders to watch |
| IN DEPTH: Relationship with Europe this time may be very different | IN DEPTH: Relationship with Europe this time may be very different |
| PARDONS: Jan 6 defendants get nearly everything they wanted | PARDONS: Jan 6 defendants get nearly everything they wanted |
| WATCH: Bishop asks Trump to show mercy to LGBT people and migrants | WATCH: Bishop asks Trump to show mercy to LGBT people and migrants |
| How did it start? | How did it start? |
| The 14th Amendment was adopted in 1868, after the close of the Civil War. The 13th Amendment had abolished slavery in 1865, while the 14th settled the question of the citizenship of freed, American-born former slaves. | The 14th Amendment was adopted in 1868, after the close of the Civil War. The 13th Amendment had abolished slavery in 1865, while the 14th settled the question of the citizenship of freed, American-born former slaves. |
| Previous Supreme Court decisions, like Dred Scott v Sandford in 1857, had decided that African Americans could never be US citizens. The 14th Amendment overrode that. | Previous Supreme Court decisions, like Dred Scott v Sandford in 1857, had decided that African Americans could never be US citizens. The 14th Amendment overrode that. |
| In 1898, the US Supreme Court affirmed that birthright citizenship applies to the children of immigrants in the case of Wong Kim Ark v United States. | In 1898, the US Supreme Court affirmed that birthright citizenship applies to the children of immigrants in the case of Wong Kim Ark v United States. |
| Wong was a 24-year-old child of Chinese immigrants who was born in the US, but denied re-entry when he returned from a visit to China. Wong successfully argued that because he was born in the US, his parents' immigration status did not affect the application of the 14th Amendment. | Wong was a 24-year-old child of Chinese immigrants who was born in the US, but denied re-entry when he returned from a visit to China. Wong successfully argued that because he was born in the US, his parents' immigration status did not affect the application of the 14th Amendment. |
| "Wong Kim Ark vs United States affirmed that regardless of race or the immigration status of one's parents, all persons born in the United States were entitled to all of the rights that citizenship offered," writes Erika Lee, director of the Immigration History Research Center at the University of Minnesota. "The court has not re-examined this issue since then." | "Wong Kim Ark vs United States affirmed that regardless of race or the immigration status of one's parents, all persons born in the United States were entitled to all of the rights that citizenship offered," writes Erika Lee, director of the Immigration History Research Center at the University of Minnesota. "The court has not re-examined this issue since then." |
| Can Trump overturn it? | Can Trump overturn it? |
| Most legal scholars agree that President Trump cannot end birthright citizenship with an executive order. | Most legal scholars agree that President Trump cannot end birthright citizenship with an executive order. |
| "He's doing something that's going to upset a lot of people, but ultimately this will be decided by the courts," said Saikrishna Prakash, a constitutional expert and University of Virginia Law School professor. "This is not something he can decide on his own." | "He's doing something that's going to upset a lot of people, but ultimately this will be decided by the courts," said Saikrishna Prakash, a constitutional expert and University of Virginia Law School professor. "This is not something he can decide on his own." |
| Mr Prakash said that while the president can order employees of federal agencies to interpret citizenship more narrowly - agents with the US Immigration and Customs Enforcement, for example - that would trigger legal challenges from anyone whose citizenship is denied. | Mr Prakash said that while the president can order employees of federal agencies to interpret citizenship more narrowly - agents with the US Immigration and Customs Enforcement, for example - that would trigger legal challenges from anyone whose citizenship is denied. |
| That could lead to a lengthy court battle ultimately winding up at the US Supreme Court. | That could lead to a lengthy court battle ultimately winding up at the US Supreme Court. |
| A constitutional amendment could do away with birthright citizenship, but that would require a two-thirds vote in both the House of Representatives and the Senate and approval by three quarters of US states. | A constitutional amendment could do away with birthright citizenship, but that would require a two-thirds vote in both the House of Representatives and the Senate and approval by three quarters of US states. |
| How many people would it impact? | How many people would it impact? |
| According to Pew Research, external, about 250,000 babies were born to unauthorised immigrant parents in the United States in 2016, which is a 36% decrease from a peak in 2007. By 2022, the latest year that data is available, there are 1.2m US citizens born to unauthorised immigrant parents, Pew found. | According to Pew Research, external, about 250,000 babies were born to unauthorised immigrant parents in the United States in 2016, which is a 36% decrease from a peak in 2007. By 2022, the latest year that data is available, there are 1.2m US citizens born to unauthorised immigrant parents, Pew found. |
| But as those children also have children, the cumulative effect of ending birthright citizenship would increase the number of unauthorised immigrants in the country to 4.7m in 2050, the Migration Policy Institute, a think tank, found. | But as those children also have children, the cumulative effect of ending birthright citizenship would increase the number of unauthorised immigrants in the country to 4.7m in 2050, the Migration Policy Institute, a think tank, found. |
| In an interview with NBC's Meet the Press, Trump said he thought the children of unauthorised immigrants should be deported alongside their parents - even if they were born in the US. | In an interview with NBC's Meet the Press, Trump said he thought the children of unauthorised immigrants should be deported alongside their parents - even if they were born in the US. |
| "I don't want to be breaking up families," Trump said last December. "So the only way you don't break up the family is you keep them together and you have to send them all back." | "I don't want to be breaking up families," Trump said last December. "So the only way you don't break up the family is you keep them together and you have to send them all back." |
| How are legal proceedings going? | |
| Trump's order faced its first legal challenge on 23 January, when a judge in Seattle heard arguments in a case brought by four states opposing the move - Washington, Arizona, Illinois and Oregon. | |
| The judge, who was appointed four decades ago by Republican President Ronald Reagan, called Trump's order "blatantly unconstitutional" and ordered it to be halted for 14 days. | |
| "It boggles my mind," Judge John Coughenour said. | |
| Trump's team said they would appeal the order, adding that they believed it would eventually end up at the Supreme Court. | |
| Which countries have birthright citizenship? | Which countries have birthright citizenship? |
| More than 30 countries, external practise automatic "jus soli", or "right of the soil" without restriction in almost all cases. | More than 30 countries, external practise automatic "jus soli", or "right of the soil" without restriction in almost all cases. |
| Other countries, like the UK and Australia, allow for a modified version where citizenship is automatically granted if one parent is a citizen or permanent resident. | Other countries, like the UK and Australia, allow for a modified version where citizenship is automatically granted if one parent is a citizen or permanent resident. |