On Monday, Donald Trump signed an executive order changing the rules for granting citizenship to children born on US soil. Now, children whose parents are in the country without legal status or on temporary visas (work, student, or tourist) will no longer automatically acquire US citizenship.
The document, titled "Protecting the Meaning and Value of American Citizenship," prohibits automatic citizenship for children whose parents are in the US illegally or temporarily on work, student, or tourist visas.
The Trump administration plans to deny citizenship documentation to children deemed ineligible and will not recognize local government-issued documents affirming their citizenship.
Human rights groups are already preparing lawsuits, citing the 14th Amendment to the US Constitution, which states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." The administration argues that illegal migrants do not fall under US jurisdiction, which allows for these changes.
The order will take effect in 30 days. However, it is unclear whether it will apply to children if one parent is a US citizen. In any case, we are likely to see significant legal debates in the near future.
Trump has repeatedly expressed dissatisfaction with so-called birth tourism, where foreign women travel to the US specifically to give birth and secure citizenship for their child.
Canada has granted birthright citizenship since 1947, except for children of diplomats, making it one of the few countries with such a policy. However, with new leadership, this could change drastically, and Canada risks following the US by tightening laws and revisiting citizenship rules for children born on its soil.
If Canada follows suit or imposes a temporary moratorium on birthright citizenship, it will have significant (if not catastrophic) consequences for asylum seekers (as having children greatly increases approval chances), humanitarian applicants, and those applying for permanent residency through the "risk of return" program.
Those applying through economic immigration programs are unlikely to be affected, as their applications rely on work experience and contributions to the Canadian labor market.
Oleksandra Melnykova, Immigration and Refugee Consultant in Canada.
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