Trump executive orders on birthright citizenship face legal scrutiny

David J. Bier, the Director of Immigration Studies at the Cato Institute, has raised concerns regarding new executive orders signed by President Donald Trump aimed at restricting birthright citizenship. Bier describes the orders as having unprecedented and “bizarre” implications for current U.S. citizens.

According to Bier, the new text requires agencies to deny citizenship documentation to current U.S. citizens if either parent is classified as an “alien enemy” or a foreign government employee, regardless of their status at the time of the child's birth. Bier noted that the removal of specific timing phrases in the new order could allow the policy to apply retroactively to births occurring before the order was signed.

Furthermore, the orders reportedly remove protections previously afforded to children of lawful permanent residents. Bier argues that the legal framework used to justify these changes attempts to deem certain individuals as being “outside of the USA” to bypass existing laws, a move he characterizes as an attempt to rewrite the 14th Amendment.