If one sound signifies Donald Trump‘s return to the Oval Office, it’s the whisk of a pen across a page. Trump’s first week has included a flurry of Executive Orders aimed at undoing Biden’s progressive actions. The president’s pen had other targets, too, including the 14th Amendment. Trump signed almost 50 Executive Actions on the first day of his second term, including 26 Executive Orders. These included attacks on Biden-era climate policies, trans rights, and immigration. The American Civil Liberties Union responded with a lawsuit. Seeing the brewing battle against Trump and his redefinition of birthright citizenship, TikTok users were quick to chime in.
Trump Seeks Revision of 14th Amendment
Trump’s Executive Order (“Protecting the Meaning and Value of American Citizenship”) specifically targets Section 1 of the 14th Amendment. The section reads “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.” Although not every country uses birthright citizenship, it’s been a standard in the United States for decades. Attempting to overturn or redefine it could mean an uphill legal battle in U.S. courts.
Legal Definitions and TikTok Comment Sections
The new Executive Order does not retroactively affect those born before its signing. According to Trump’s EO, it “shall apply only to persons who are born within the United States after 30 days from the date of this order.” The new EO specifically denies a child birthright citizenship in the following instances:
(1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
Many creators and commenters on TikTok had no problem sharing their thoughts on Trump and his new Executive Order on birthright citizenship. @marianalesandra’s video on the subject garnered over 11.9k likes and plenty of feedback. “I thought they cared about unborn babies,” said one commenter. “Make sure to support the ACLU!” said another user. The latter comment is a reference to the lawsuit filed by the American Civil Liberties Union disputing Trump’s Executive Order.
If TikTok comment sections are anything to judge by, the public reaction to Trump’s actions has been mixed. While the president’s supporters cheer his decision, the legal battle over birthright citizenship is likely just beginning in the U.S. An Executive Order by itself cannot amend the U.S. Constitution, but it appears the president is willing to gamble on the Supreme Court’s 6-3 conservative majority to deliver a decision in his favor.
