Audio version:
Iowa immigration lawyer, Lori Chesser answered a big question: Can President Trump end birthright citizenship in the USA with an executive order? Some assume the order is invalidated by the 14th amendment, however it’s not so cut and dry. Did you know there are many existing scenarios where a child is born but isn’t granted citizenship despite parents being here legally? Chesser, an immigration attorney and President of Dentons Davis Brown breaks down the legal side in non-partisan detail.
President Trump’s executive order, titled “Protecting the Meaning and Value of American Citizenship” opens up dialogue even lawyers didn’t expect. While the 14th amendment does grant citizenship to people born here, that is “subject to the jurisdiction thereof.” These 5 words are where the debate centers. For example, children born here from parents of legal status don’t qualify for citizenship like diplomats from other countries who aren’t subject to our laws. President Trump’s This order is likely to be challenged in court for years to come.
Rage-free Iowa news for your inbox
Justin, David, & Kaylee cover Iowa news, agriculture, business and tech. No clickbait. No rage. No agenda. Support our vision and subscribe!
Can President Trump end birthright citizenship? Lori Chesser unpacks the complexity
Chesser focuses on the mechanics of current laws, their broader implications, and potential areas the President has a case.
There are two primary ways individuals acquire U.S. citizenship: by being born on U.S. soil or through a U.S. citizen parent under certain conditions. While citizenship for those born in the U.S. is generally automatic, exceptions exist, such as children born to foreign diplomats or, members of invading forces, or individuals visiting the USA, even long term visitors on a work or student visa.
For children born abroad, laws become more complex, often requiring the U.S. citizen parent to meet specific residency requirements before citizenship can be passed on. These intricacies highlight how citizenship laws are more nuanced than they may initially appear.
Iowa immigration attorney explains confusing laws
The conversation turns to recent executive orders that aim to alter the longstanding practice of birthright citizenship. Chesser discusses how these orders could impact administrative processes, including issuing documents such as passports and Social Security numbers. She anticipates legal challenges and emphasizes that such significant policy changes would likely require years to implement fully, involving amendments to both constitutional and federal law.
Birthright citizenship is deeply embedded in U.S. legal frameworks, supported by the 14th Amendment, federal statutes, and historical Supreme Court rulings. Changing these would involve an extensive and challenging legal process.
Potential Impacts on Iowa Families and Immigration Systems
The discussion also delves into how these changes could create stateless individuals—children born in the U.S. to parents who lack citizenship in another country. Such situations could disrupt families, affect work and study opportunities, and create logistical hurdles for those affected.
The podcast clarifies common misconceptions about so-called “anchor babies.” It explains that having a child born in the U.S. does not automatically confer legal benefits to the parents. Even when a U.S.-born child reaches adulthood and is eligible to sponsor a parent for legal residency, barriers like re-entry bans for previously deported individuals can complicate the process.
Chesser’s Role as an Iowa Immigration Attorney
Chesser sheds light on the multifaceted nature of immigration law. Her work often involves helping clients navigate legal pathways to citizenship, secure visas, or address cases where citizenship is in question. Some cases reveal how individuals may unknowingly hold U.S. citizenship due to complex circumstances surrounding their birth or parentage.
This episode provides a comprehensive look at the legal and personal ramifications of birthright citizenship laws, offering listeners valuable insights into an often misunderstood topic. For additional information or assistance, Dentons can be reached at 515-288-2500.