Nigerians in the diaspora have expressed strong reactions to United States President Donald Trump’s recent executive order seeking to end birthright citizenship in the country.
Many criticised the move, highlighting constitutional hurdles and its potential implications for immigrants.
The executive order, signed on Monday, aims to stop automatic citizenship for children born in the U.S. to parents who are unlawfully present or on temporary stay. It specifies that the federal government will no longer issue documents recognising such children as U.S. citizens, with the order set to take effect 30 days after signing.
The controversial policy has already sparked numerous legal challenges, with 22 Democratic-led states and civil rights groups filing lawsuits to block its implementation. Critics argue that the move contravenes the U.S. Constitution, particularly the 14th Amendment, which guarantees citizenship to all individuals born on American soil and subject to its jurisdiction.
According to Vanguard, reacting to the policy, a Nigerian living in the US, Mr Ralu Ajekwe, said, questioned the legality of the executive order. “Is it in line with extant laws? Is an executive order enough to amend a constitutional issue? One thing I will tell you though is that a government exists to protect the national interest of the state, both in local and international relations.
“This means that it has to take a stand that aligns with its goals, values, and objectives. If Trump has banned citizenship by birth, the questions should be: What are his goals and objectives? Does it align with the interests and values of the American people? Are Americans happy with the policy? Does it lead to the greatest happiness of the greatest number? If all the above is yes, then he is doing the right thing. Another thing I think we should look at is the legality of the policy,” Ajekwe stated.
A Nigerian legal practitioner based in Canada, who preferred to remain anonymous, dismissed the move as political posturing. “There are two things with Trump: One is grandstanding or showmanship for his base or supporters, and another is what would be legal. There is a limit to executive orders,” he said.
He pointed out that the 14th Amendment explicitly states: “All persons born… in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” He added, “Can children of temporary residents not be subject to the jurisdiction of the U.S.?”
He also noted an exception for children of diplomats, who are not granted citizenship due to diplomatic immunity. “I think that executive order will be challenged. It will be up to the U.S. courts or Supreme Court to determine. If the court rules against Trump, those who lost their citizenship while the policy is in force will regain it. Judiciary will have the final say, and as such, there is no full clarity on the policy until the legal challenges are resolved.”
Peter Obiora, a U.S.-based online editor at InvestAdvocate, said: “It cannot work that way except they change the constitution on that. The constitution supersedes any other executive order. So, before that can happen, it has to be changed in the constitution.
“There would be a barrage of lawsuits on this. He touted that idea the first time he came in, and it was shot down. This time around, he’s back with it. But there’s no way Trump can stop birthright citizenship except through constitutional amendment. I don’t see him actualising this until his tenure ends.”
Johnpaul Nwafidelie, a Nigerian living in Canada, viewed the policy as a strategy to control immigration. He explained that Canada is also considering a similar policy but through parliamentary processes.
He advised Nigerians seeking dual citizenship for their children to follow legal channels, noting, “Nigerians took advantage of birthright citizenship while it lasted. So, now that it has changed, people should follow the current policy to get it if they so desire.
“It worked well for foreign nationals but is no longer working because it gives citizenship to the wrong people who shouldn’t have been allowed to stay in the country due to crime and terrorism. Like I always said, no door is shut, it’s just a change in process. So, whoever wants it should be patient enough to go through the right path and still get it,” he said.
Experts and critics agree that the executive order faces significant legal challenges and that the U.S. courts or Supreme Court will ultimately decide its fate. Until then, the order remains a contentious issue, with its implications stirring debates on immigration and constitutional law.