Nigerians living abroad have strongly criticized former U.S. President Donald Trump’s recent executive order seeking to end birthright citizenship in the United States, arguing that such a move requires constitutional amendment and cannot be enforced through an executive order alone.
The order, signed on Monday, aims to deny automatic citizenship to children born on U.S. soil if their parents are undocumented immigrants or temporary residents. It specifies that it will only apply to children born 30 days after the order’s implementation date.
Immediate Legal Challenges
The order has sparked widespread backlash, with 22 Democratic-led states and civil rights organizations filing lawsuits to halt its enforcement. Critics argue that it directly violates the 14th Amendment of the U.S. Constitution, which guarantees citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.”
Reactions from Diaspora Nigerians
Mr. Ralu Ajekwe, a Nigerian resident in the U.S., questioned the legality of the executive order. “An executive order cannot override a constitutional provision. The real question is whether this aligns with U.S. laws and values. Without amending the Constitution, this move cannot stand,” he said.
He added that while governments have the right to act in their national interest, such actions must be legal and reflective of the people’s values.
A Nigerian legal practitioner based in Canada, who chose to remain anonymous, dismissed the order as “showmanship,” suggesting it was more about appeasing Trump’s political base than implementing practical, legal reforms. “The U.S. Constitution is clear, and any deviation from it will likely be struck down by the courts,” he said.
The legal expert highlighted that while exceptions exist—such as for children of diplomats who enjoy immunity—undocumented migrants and temporary residents generally fall under U.S. jurisdiction.
Constitutional and Legal Debate
Peter Obiora, an online editor and U.S. resident, emphasized that the Constitution supersedes any executive order. “The 14th Amendment guarantees birthright citizenship, and only a constitutional amendment can change that. Trump has tried this before, and it was dismissed. This new attempt is unlikely to succeed,” he said.
Similarly, Johnpaul Nwafidelie, a Nigerian in Canada, acknowledged the policy as an attempt to curb immigration but stressed the need for proper legislative processes. He noted that Canada is considering similar measures but is going through parliamentary approval rather than executive orders.
Broader Implications for Nigerians
Nwafidelie advised Nigerians seeking dual citizenship for their children to explore lawful pathways in light of the new order. He argued that while birthright citizenship was advantageous for many foreign nationals, it was also exploited by individuals with criminal intentions.
“It’s a shift in process, not the end of opportunities. Nigerians must adapt to the new policies and follow the legal channels to achieve their goals,” he said.
Legal Resolution Expected
Experts agree that the U.S. judiciary will have the final say on the matter. If the courts rule against Trump’s executive order, individuals affected during its enforcement could regain their citizenship. Until then, the controversy over birthright citizenship remains a contentious issue, with global implications for immigration and human rights.