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Up to 250,000 children born in US to illegal migrants in 2023, preliminary report finds

A stunning report has shed new light on one of Donald Trump’s executive orders, which a federal judge blasted as “blatantly unconstitutional”.

Federal judge blocking Trump’s birthright citizenship executive order is ‘no surprise’

The birthright citizenship debate exploded back into the national discourse this week after President Donald Trump signed an executive order banning it.

Mr Trump’s ban was slated to take effect on February 19, but a federal judge in Seattle on Thursday temporarily blocked the order. Some experts believe the issue will eventually be settled by the Supreme Court.

Should the ban eventually go into force, it would likely impact tens of thousands of children born to the parents of illegal immigrants.

The Center for Immigration Studies, a non-profit research organisation that focuses on immigration, said on Friday that based on its preliminary findings, there were between 225,000 to 250,000 US births to illegal immigrants in 2023, which accounts for about 7 per cent of total births in the US that year.

A boy sleeps during a presentation on immigration enforcement. Picture: Andrew Caballero-Reynolds/AFP
A boy sleeps during a presentation on immigration enforcement. Picture: Andrew Caballero-Reynolds/AFP

To put the figure into context, the group says those figures are greater than the total number of births in all but two states taken individually.

Furthermore, it appears that more children were born to illegal immigrant parents than to legal noncitizens.

Although not yet available, the group says that the 2024 numbers are likely to be even higher given the surge of illegal immigrants into the country under the Biden administration.

The Center for Immigration Studies says it last did a deep dive into the births of legal and illegal immigrants in the US in 2018 based on an analysis of the Census Bureau’s American Community Survey (ACS). The group says it was using the same methodology for its preliminary 2023 findings.

The Amica Center for Immigrant Rights session in Washington DC. Picture: Andrew Caballero-Reynolds/AFP
The Amica Center for Immigrant Rights session in Washington DC. Picture: Andrew Caballero-Reynolds/AFP

The group says that illegal immigrants are present in Census data, but they are never explicitly identified by the Bureau. Fox News Digital requested figures from the Census Bureau and Homeland Security but did not immediately receive a response.

The 2018 report found that in 2014, one in five births (791,000) in the US was to an immigrant mother (legal or illegal). The group said it estimated that legal immigrants accounted for 12.4 per cent (494,000) of all births and illegal immigrants accounted for 7.5 per cent (297,000).

Mr Trump’s order, titled “Protecting The Meaning and Value of American Citizenship”, seeks to clarify the 14th Amendment, which states, “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Migrants turn themselves in to Border Patrol in Ruby, Arizona. Picture: Brandon Bell/Getty Images/AFP
Migrants turn themselves in to Border Patrol in Ruby, Arizona. Picture: Brandon Bell/Getty Images/AFP

It seeks to clarify that those born to illegal immigrant parents, or those who were here legally but on temporary nonimmigrant visas, are not citizens by birthright.

“The Fourteenth Amendment has never been interpreted to extend citizenship universally to everyone born within the United States,” the order reads.

Mr Trump repeatedly described birthright citizenship as “ridiculous” and something that needed to stop. The US is one of roughly 30 countries where birthright citizenship is applied.

Thursday’s decision by US District Judge John Coughenour, a Ronald Reagan appointee, comes in response to four US states — Arizona, Illinois, Oregon and Washington — who sued to block Mr Trump’s executive order, which he signed shortly after being sworn in as President.

US President Donald Trump signed an order banning birthright citizenship. Picture: Jim Watson/AFP
US President Donald Trump signed an order banning birthright citizenship. Picture: Jim Watson/AFP

Judge Coughenour said on Thursday that the executive order banning birthright citizenship “boggles the mind”, and told the court he could not remember in his more than 40 years on the bench seeing a case so “blatantly unconstitutional”.

The 14-day restraining order granted by Judge Coughenour will apply to the entire US.

In the meantime, the administration can ask a federal appeals court in San Francisco to lift the TRO and allow enforcement for now, while the case is litigated — a process that could last many months.

A Justice Department spokesperson told Fox News it will “vigorously defend” Mr Trump’s executive order “which correctly interprets the 14th Amendment of the US Constitution”.

“We look forward to presenting a full merits argument to the Court and to the American people, who are desperate to see our nation’s laws enforced.”

Fox News’ Breanne Deppisch and David Spunt contributed to this report

This article originally appeared on Fox News and was reproduced with permission

Originally published as Up to 250,000 children born in US to illegal migrants in 2023, preliminary report finds

Read related topics:Donald Trump

Original URL: https://www.couriermail.com.au/lifestyle/parenting/up-to-250000-children-born-in-us-to-illegal-migrants-in-2023-preliminary-report-finds/news-story/8d784c30f944ac96f16caa943c01d6d7