(23 Jan 2025)
RESTRICTION SUMMARY:
++CORRECTS THE NAME OF INSTITUTE TO ‘MIGRATION POLICY INSTITUTE’ INSTEAD OF ‘MIGRANT POLICY INSTITUTE’
ASSOCIATED PRESS
Washington – 23 January 2025
1. Zoom in on sign for Migration Policy Institute
2. SOUNDBITE (English) Julia Gelatt, Migration Policy Institute, Associate Director, U.S. Immigration Policy Program:
"President Trump has been talking for a long time about changing how the government defines birthright citizenship. On Monday (Jan. 20, 2025), he signed an executive order that says that children won’t get U.S. citizenship at birth unless at least one of their parents is either a U.S. citizen or a legal permanent immigrant in the United States. That’s a huge change. Ever since 1868 and the ratification of the 14th Amendment, everyone born in the United States, almost everyone has been considered a U.S. citizen at birth. The exceptions have been really tiny. The children who are born to high-ranking diplomats are not considered to be U.S. citizens, but everyone else has been considered a U.S. citizen. That’s a big, important part of how we treat immigrants and kids born in the United States."
3. Gelatt walks down a hallway at a Migration Policy Institute office
4. SOUNDBITE (English) Julia Gelatt, Migration Policy Institute, Associate Director, U.S. Immigration Policy Program:
"Yeah, a lot of legal scholars and civil rights groups say that it would take an amendment to our Constitution to change birthright citizenship. That requires that three-quarters of the states agree, and two-thirds of both the House and the Senate in the U.S. Congress. It’s really difficult to achieve an amendment to the Constitution that could be tried. In contrast, the Trump administration is saying that there’s a clause in the 14th Amendment that people born in the United States have to be quote ‘subject to the jurisdiction thereof of the United States.’ That’s sort of the linchpin of the legal battle that’s ahead."
5. Wide of Gelatt working in her office
6. SOUNDBITE (English) Julia Gelatt, Migration Policy Institute, Associate Director, U.S. Immigration Policy Program:
"These legal cases are probably going to take a long time and will likely be appealed all the way up to the Supreme Court, and then we’ll see how they interpret the 14th Amendment. But there are a lot of strong arguments that this executive order can’t change anything on its own."
7. Close of Gelatt typing on a keyboard
8. SOUNDBITE (English) Julia Gelatt, Migration Policy Institute, Associate Director, U.S. Immigration Policy Program:
9. Close of Gelatt pointing to a book entitled "Children of Immigrants"
STORYLINE:
President Donald Trump’s executive order seeking to redefine birthright citizenship under the 14th Amendment faces steep legal hurdles that will likely be appealed to the Supreme Court.
Trump’s order asserts that a child born in the U.S. is not a citizen if 1) the mother does not have legal immigration status or is in the country legally but only temporarily and 2) the father is not a U.S. citizen or lawful permanent resident. The order forbids U.S. agencies from issuing any document recognizing such a child as a citizen or accept any state document recognizing citizenship.
This order is already being challenged in federal court, including at least five lawsuits being brought by 22 states and a number of immigrant rights groups across the country.
On Thursday, a federal judge temporarily blocked President Donald Trump’s executive order ending the constitutional guarantee of birthright citizenship regardless of the parents’ immigration status.
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