President Trump seeks to end birthright citizenship

NEW YORK (PIX11) -- As the saying goes, “membership has its privileges,” and for some 157 years, the United States government has granted citizenship to any child whose parent was able to get to this soil and have that baby here.

"It's ridiculous. We're the only country in the world with birthright," said President Donald Trump.

That statement is actually incorrect. There are more than two dozen countries that offer either conditional or unconditional birthright citizenship.

Nevertheless, with the stroke of a pen, Trump, through one of his many new executive orders, aims to strip that birthright by:

• barring citizenship to a child if their mother is here illegally, and even if they’re here legally but on a temporary basis.
• Additionally, citizenship would not be an option if the child’s father is here illegally, or is not a citizen, or not a permanent resident at birth.

The executive order has triggered a wave of fear now rolling through New York City's migrant community.

Ximena Bustamante, founder of the advocacy organization Undocumented Women's Fund, is telling her members not to panic and to continue holding on to the dream of a better life, emboldened by citizenship for their children.

"I mean, of course they are scared," said Bustamante, "A lot of the work we do is around political education. We believe that this is, of course, an attack on immigrants. But it's also an attack on women and child-bearing people."

Eighteen other states and counting, New Jersey among them, share Bustamante's sentiment and filed a lawsuit Tuesday on the second day of the Trump administration.

New Jersey Attorney General Matthew Platkin argues that Trump has no legal standing to revoke birthright citizenship, which is enshrined in the 14th Amendment of the U.S. Constitution.

"This is an extreme and unprecedented act. And this executive order is an attack on the rule of law. But this isn't just an attack on the law. It's an attack on the very fabric of this nation," said Platkin.

Pace Law School Professor Bennett Gershman said there is a wild card – and that’s not knowing what the outcome would be if the U.S. Supreme Court ever takes up this matter.

"You need a constitutional amendment to accomplish what Trump wants. I don't see any way that this issue can be negotiated. We're talking about thousands and thousands of children who are here lawfully under the Constitution. We're going to now watch how this thing unfolds," said Gershman.