Trump’s birthright citizenship order: Should Czech-American families worry?

New executive orders redefine birthright citizenship, leaving U.S. expatriates with Czech partners facing uncertainty.

Expats.cz Staff

Written by Expats.cz Staff Published on 22.01.2025 08:26:00 (updated on 22.01.2025) Reading time: 2 minutes

The administration of newly inaugurated U.S. President Donald Trump has wasted no time in implementing sweeping immigration measures, including a controversial executive order that redefines birthright citizenship.

Previously, children born in the U.S. were automatically granted citizenship, regardless of their parents' immigration status.

However, under the new decree, children born to parents who do not meet the criteria will no longer receive automatic citizenship, creating uncertainty and potential legal hurdles for many families.

Could these policies impact Americans with Czech partners?

The order, titled "Protecting the Meaning and Value of American Citizenship," aims to restrict automatic U.S. citizenship for children born on American soil. Under the new rule, which takes effect on Feb. 19, 2025, citizenship will only be granted if at least one parent is a U.S. citizen or lawful permanent resident.

Children born to foreign citizens residing in the U.S. on temporary work or tourist visas will no longer automatically receive citizenship under the new policy, potentially facing significant challenges as a result of the reform.

The executive order also aims to end the practice of birth tourism in the country. Birth tourism refers to a practice where a woman travels to the U.S. to have a child in the country, who would automatically get citizenship.

Additionally, Trump has vowed to end the right to asylum and reinstate policies requiring asylum seekers to remain in Mexico while awaiting court hearings.

Critics argue this policy could have the deepest consequences for millions of American-born children. According to the Migration Policy Institute, around 4.7 million children under 18 live with at least one parent residing in the US without legal status.

Is the decree legal?

The order has sparked immediate backlash and legal challenges. Eighteen Democratic-led states, including California, Massachusetts, and New Jersey, have filed a lawsuit arguing that the order violates the Fourteenth Amendment of the U.S. Constitution, which grants citizenship to most individuals born on U.S. soil. Critics argue that the executive action oversteps presidential authority and will likely face prolonged court battles.

Trump's focus on immigration reform extends beyond birthright citizenship. Reports indicate that his administration has discontinued the CBP One mobile app, which previously allowed migrants to schedule immigration interviews remotely from Mexico.

Legal experts caution that the evolving legal landscape could lead to significant challenges, and it remains uncertain how courts will ultimately rule on the constitutionality of the executive order.

Despite the ongoing legal challenges, Trump's administration continues to push its hardline immigration agenda, emphasizing national security and the perceived economic burden of undocumented migrants.

Meanwhile, opponents argue that these policies undermine fundamental rights and the longstanding principles of U.S. citizenship.

“Birthright citizenship is guaranteed in our Constitution and is absolutely central to what America stands for,” said Cody Wofsy, deputy director of the ACLU’s Immigrants’ Rights Project and lead attorney in this case. 

“Denying citizenship to babies born on U.S. soil is illegal, profoundly cruel, and contrary to our values as a country.”

As the legal battle unfolds, Czech-American families with ties to the U.S. must stay informed and proactive to navigate the potential ramifications of this significant shift in the country's immigration policy.

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