President Donald Trump has issued at least ten executive orders related to border security and immigration, including one that is attracting significant attention: an order aimed at changing how the U.S. currently interprets birthright citizenship for children of undocumented immigrants who are born on U.S. soil.
EXECUTIVE ORDER: Protecting The Meaning and Value of American Citizenship
Attorney General Aaron Ford has joined a lawsuit initiated by 22 state attorneys general against the Trump administration regarding the executive order. This law, originating from the post-Civil War era, is currently interpreted to guarantee citizenship to anyone born on U.S. soil.
In a press conference on Tuesday, Attorney General Aaron Ford announced his lawsuit.
"A few days after Mr. Trump was declared winner of the election, I issued a statement congratulating him. Soon after that, Mr. Trump and his allies again made a statement that instilled fear and trepidation into certain communities throughout Nevada. As a result, I issued a second statement reiterating my acknowledgment that Mr. Trump was president-elect, and he had every right to implement his policies. But I also noted that should the day ever come where the need ever arose, my office would be and I quote 'a bulwark against any efforts to impose constitutional mandates, override our system of checks and balances or intrude upon the rights of any Nevada residents.' That days has come, and the need has arisen," said (D-Nevada) Attorney General Aaron Ford.
Attorney General Ford has a track record in immigration reform. In 2017, while serving as a state senator, he was the primary sponsor of SB233 a bill that aimed to restrict law enforcement and school police units from cooperating with ICE officers in locating and detaining individuals based on their immigration status.
Trump and his allies question the current interpretation of the law, advocating for stricter citizenship standards.
"We are one of the rare countries where you are a citizen just based on the virtue of being born here, and so the argument that is being made is that is a misinterpretation of the law, and that if you correctly interpret the 14th amendment, there would not be birthright citizenship unless your parents were legally from the United States," said Heritage Foundation Senior Fellow Simon Hankinson.
The U.S. is one of about 30 countries that practice birthright citizenship (jus soli or "right of the soil"), primarily found in the Americas, including Canada and Mexico. In contrast, most other countries grant citizenship based on at least one parent being a citizen (jus sanguinis or "right of blood") or have modified systems that restrict automatic citizenship to children of legally present parents.
Reuben D'Silva, a state legislator and Purple Heart recipient, was born in Mumbai, India, and was once at risk of deportation during his childhood.
"I think this one is a particularly wild idea. President Trump did win his election, you know he won the senate, he won the majority in the house. So, he does have some sort of the authority an incentive based upon the real fact that he won the election; but doing something this wild is not in keeping with democracy, is not in keeping with our values as a republic," said (D-North Las Vegas) Assemblyman Reuben D'Silva.
If passed, the law would go into effect 30 days from Tuesday, on February 19.
In addition to President Trump's efforts to reverse birthright citizenship, Trump has issued several orders related to border security and immigration. These include declaring a national emergency at the border, ending the "catch and release" program that allows detainees to be released in the U.S. until their court dates, and restoring the "Remain in Mexico" policy, which requires migrants to seek asylum in Mexico while waiting for their court hearings. President Trump has designated drug cartels as terrorist organizations and has pitched imposing tariffs on Mexico.
