MONTANA – Concerns are growing over a recent executive order issued by President Trump, titled “Protecting the Value and Meaning of American Citizenship”. The order aims to end birthright citizenship for children born in the United States to non-citizen parents.
Despite assurances that the order would not impact Indigenous communities, some people are expressing concerns on social media. The order has prompted several states and civil rights organizations to sue the federal government to block its implementation.
The Department of Justice (DOJ) has cited an 1884 Supreme Court decision, arguing that children of non-resident aliens lack a constitutional birthright to citizenship. The DOJ believes that if the connection between the United States and Indian tribes is insufficient for birthright citizenship, then children of illegal aliens should not be guaranteed citizenship.
Dr. Paul Pope, a political science professor at Montana State University Billings, explained the implications of the executive order. “The 14th Amendment birthright citizenship was created with the express purpose to guarantee that anyone physically born in the United States would be a US citizen,” said Dr. Pope. “The President’s Executive Order attempts to alter the meaning of the Constitution by suggesting that anyone who is born physically in the United States, but their parents are not citizens at the time of their birth would not be citizens themselves and subject to deportation.”
The Indian Citizenship Act of 1924 cited the 14th Amendment to guarantee birthright citizenship to Native people. However, the DOJ’s argument has sparked concern and confusion among Native communities.
Dr. Pope also clarified that executive orders are not laws, and the President is not a lawmaker. That power is held exclusively by Congress. Last Thursday, a federal judge in Washington granted a temporary restraining order to halt the implementation of the executive order, which was set to go into effect on February 20.
The restraining order is in effect for two weeks from the date it was issued. Dr. Pope discussed the potential legal trajectory of the case. “Right now it’s at the district court level, and the Trump administration, I’m sure, is going to appeal it to the circuit court level, and if they lose there, then it goes to the Supreme Court if the court decides to side, the Supreme Court decides to side with Trump on this, it would be the first time in history. That a president, through a dictate, can alter the Constitution,” he said.
Dr. Pope emphasized the importance of staying informed. He recommends that people read and fully understand the Constitution to better comprehend government actions.
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