Ajay Bhutoria, a prominent advocate for legal immigration, Biden White House commissioner, and Deputy National Finance Chair for the Democratic Party, has strongly condemned President Trump’s recent executive order aimed at ending birthright citizenship. Bhutoria highlighted the constitutional and legal foundations of this issue, emphasizing that the move is unlikely to withstand judicial scrutiny.
US Constitution on Birthright Citizenship
Bhutoria explained that the Fourteenth Amendment, ratified in 1868, clearly establishes the principle of birthright citizenship. Section 1 of the amendment states:
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”
“This constitutional clause has been a cornerstone of American democracy,” Bhutoria said. “It guarantees citizenship to anyone born on U.S. soil, with few exceptions, such as children born to foreign diplomats. The Supreme Court reaffirmed this principle in the landmark case United States v. Wong Kim Ark (1898), which ruled that children born in the U.S. to immigrant parents are citizens, regardless of their parents’ status.”
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Legality of Trump’s Executive Order
Bhutoria expressed significant concern about the legality of the executive order signed by President Trump on January 20, 2025, which aims to deny birthright citizenship to children of undocumented immigrants and temporary visa holders. He pointed out several legal flaws in the order:
- Constitutional Violation: “The Fourteenth Amendment explicitly guarantees citizenship to those born in the United States. Changing this provision requires a constitutional amendment, not an executive order. Amending the Constitution is an extraordinarily difficult process, requiring approval by two-thirds of Congress and ratification by three-fourths of the states,” Bhutoria noted.
- Established Legal Precedent: Bhutoria emphasized that the Supreme Court’s decision in Wong Kim Ark has firmly upheld the principle of birthright citizenship for over a century. “Any attempt to circumvent this precedent through executive action is destined to face legal challenges,” he said.
- Court Challenges: Civil rights organizations, including the ACLU, have already announced plans to challenge the executive order in court. “This legal battle will likely reach the Supreme Court, where justices will have to decide if the executive branch can unilaterally reinterpret the Constitution,” Bhutoria added.
- Public and Political Opposition: Bhutoria noted widespread backlash from legal experts, immigrant advocates, and the public. “Social media and legal circles have been quick to call out the unconstitutionality of this order,” he said.
Call to Action
Bhutoria reaffirmed the importance of protecting the constitutional rights of all individuals, including those born in the United States. “The Fourteenth Amendment is not up for negotiation. This executive order is not only unconstitutional but also undermines the values of equality and justice that define America,” he said.
Bhutoria urged the South Asian and broader immigrant communities to stand united against policies that threaten the fundamental principles of the Constitution. “We must work together to ensure that these divisive and unconstitutional actions do not succeed,” he concluded.