All right, well you guys like a little havoc. Guess what I have for you guys today. We're going to go over the top three executive orders signed by President Trump on the very first day of his second term of his presidency.
These are the top three executive orders in my belief that will affect you, my viewers, the most. So we're going to go over them one by one, including the most important one where I know the majority of you will have questions and a lot more anxieties and fear. And that is the executive order seeking to end Birthright Citizenship.
Does that executive order mean that a persons citizenship will be taken away just because their parent was not a citizen of the US? Well, stay tuned until the very end because we will discuss that and more.
The very first executive order that I wanted to go over with you would be this, which is protecting the United States from foreign, terrorist and other national security and public threats. While on its face, this sounds like this should be good. There are some very concerning things in here that I wanted to share.
First of all, the purpose of this executive order as written is that it is the policy of the United States to protect its citizens from aliens who intend to commit terrorist attacks, threaten our national security, espouse hateful ideology, or otherwise exploit the immigration laws from malevolent purposes. The United States must ensure that admitted aliens and aliens otherwise already present in the United States do not bear hostile attitudes towards its citizens, culture, government, institutions or founding principles and do not advocate for aid or support designated foreign terrorist groups and other threats to our national security.
Then this executive order goes on to say that the Attorney General, the Secretary of Homeland Security and the Director of National Intelligence shall promptly identify all resources that may be used to ensure that all aliens seeking admission to the United States or who are already in the United States are vetted and screened to the maximum degree possible. It goes on to say that extreme vetting and screening shall return to the standards that were set forth in January of 2021 and shall be used for any alien seeking a visa or immigration benefit of any kind.
Moreover, this executive order goes on to say that these agencies within 60 days of this order shall identify countries throughout the world for which vetting and screening information is so deficient as to warn a partial or full suspension on the admission of nationals from those countries pursuant to section 212(f) of the INA and identify how many nationals from those have entered or haven't admitted to the United States on or since January 20, 2021 and wherever information is identified that would support the exclusion or removal of any alien described in subsection 2b, which I just stated above. The Secretary of Homeland Security shall take immediate steps to exclude or remove that alien unless they determine that doing so would inhibit a significant pending investigation or national security or public safety.
So let's break down these first few sections that I just read out loud to you right now.
What I can tell you right now is they are basically deeming that somebody can be a national security threat if they espouse hateful ideology or somehow bear a hostile attitude towards citizens, culture, government or founding principles of this country. I can't even tell you how crazy this is because what this executive order is seeking to do is to weaponize freedom of thought, weaponize regular political opinions that may not even have any violence involved and seek to use them in an effort to either exclude someone from the United States or actually actively remove persons in the United States.
And this is exactly about the sort of extreme vetting that is going to extremely vet your ideology, your beliefs. And actually guys, you heard it right here. Travel ban within 60 days is what this is mandating. Coming up with a list of countries where they believe that vetting has been insufficient already is just code for another Muslim travel ban or travel ban from countries that happen to be brown or perhaps even from countries that have publicly criticized President Trump because right here, the United States must ensure that admitted aliens do not bear hostile attitudes towards its citizens. So this is executive order number one that I am going over with you right now. And what does it mean? Well, I think one thing that I can definitely say is be careful if you are protesting.
If you are a non citizen, you have every right to protest. You have every right to express your speech and practice your religion and express your political opinions. But as a non citizen, you must be careful because underneath this executive order, we do not know yet exactly how aggressive they will get in trying to enforce this and how broadly they will apply this concept of being hostile to the culture or ideology of the United States.
With that being said, let's move on to executive order number two, securing our borders.
Now, on its face, a lot of people think that this is just about building the wall and that this is just about restricting entry into the United States of persons who are engaged in illegal immigration across the border. But this is not all that this mandates. This executive order is actually about mass deportation.
President Trump starts off by explaining that this executive order is about drugs, "Deadly narcotics and other illicit materials have flowed across the border with agents and officers spend their limited resources processing illegal aliens for capture and release into the United States. These cash and release policies undermine the rule of law and our sovereignty creates substantial risks to public safety and security and divert critical resources away from stopping the entry of contraband and fugitives into the United States."
He goes on, "One of my most important obligations is to protect the American people from the disastrous effects of unlawful mass migration and resettlement. My administration will marshal all available resources and authorities to stop this unprecedented flood of illegal aliens into the United States. It is the policy of the United States to take all appropriate actions to secure the borders of our nation through the following means, establishing a physical wall and other barriers monitored and supported by adequate personnel and technology, deterring and preventing the entry of illegal aliens in the United States, detaining to the maximum extent authorized by law, aliens apprehended on suspicion of violation of federal or state law until such time as they are removed from the United States, removing probably all aliens who enter or remain in violation of federal law, pursuing criminal charges against illegal aliens who violate the immigration laws and against those who facilitate their unlawful presence in the United States, cooperating fully with state and local law enforcement officials in enacting federal state partnerships to enforce federal immigration priorities and obtaining complete operational control of the borders of the United States."
So that was a mouthful. What does it all mean? Well, this is not just about securing the border. It is about actually actively seeking to remove anyone who is suspected of violating federal or state law until such time as they are removed by the United States. This is about mass deportation. And the crazy thing about this executive order is you do not have to be found in violation of immigration law, but rather if you are simply suspected of violating any federal or state law, you may be held detained and then deported.
Let's go on to the very last executive order that I know that everybody is talking about and that is protecting the meaning and value of American Citizenship. This executive order starts up by saying that 14th 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.
That provision rightly repudiated the Supreme Court of the United States shameful decision in Dred Scott v. Sanford, which misinterpreted the constitution as permanently excluding persons of African descent from US citizenship solely based on their race. But the 14th Amendment has never been interpreted to extend citizenship universally to everyone born in the US, even though it literally says that. The 14th Amendment has always excluded from birthright citizenship persons who were born in the United States, but not subject to the jurisdiction thereof, even though anyone on the US soil is subject to the jurisdiction of the United States.
Consistent with this understanding, Congress has further specified through legislation that a person born in the United States and subject to the jurisdiction thereof is a national and citizen of the United States at birth. Amongst the categories of individuals born in the United States and not subject to jurisdiction thereof, the privilege of US citizenship does not automatically extend to persons born in the US.
When that person's mother was unlawfully present in the United States and the father was not a US citizen or lawful permanent resident at the time of said person's birth, or 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 US underneath the auspices of the Visa Waiver Program or visiting on a student, work or tourist visa and the father was not a US citizen or permanent resident at the time of said person's birth.
It then goes on to further clarify that persons born underneath the circumstances will not have their birth certificates, even if issued by state, local or other governments or authorities, according to recognized US citizenship accepted. So what does this executive order mean?
It doesn't mean that anyone here who was born to parents who were not citizens of the US will have their citizenship taken away or if you have kids that were already born here and you are undocumented that their citizenship will be taken away. It does not say that, what it does say is that any person who was born 30 days from the signing of the executive order to a mother who is undocumented or here temporarily on a non immigrant visa will not be allowed citizenship of this country. Unless the father is a citizen or a green card holder.
First of all, on its very face, this violates equal protection because it denies citizenship on the basis of parentage and not only that based upon the gender of the parent and whether or not they hold citizenship or green card status. But the thing that I find the funniest about this is the fact that the 14th Amendment literally says any person who is born here is subject to the jurisdiction of the United States. That means any person born here is subject to the jurisdiction of the United States. If the US does not have jurisdiction over these people, then how could the US government enforce laws against these people? How could the US government get these people to pay taxes and be subject to the norms and standards of this country? It simply does not make sense.
The biggest concern is the fact that this will likely go to the Supreme Court. As of the signing of this executive order, the very next day, 22 states did sue against the enforcement of this executive order. And as with DACA, as with other cases that have gone to court, it is likely to go up to the Supreme Court and due to the current makeup of the judicial bench, who knows what will happen.
For those of you worried about what is to come, what I can say is that if you are already here, if you were born here, if your kids have already been born and they're here, they have nothing to worry about. And you have nothing to worry about. But I do foresee a bunch of havoc playing out and a lot of confusion over how this law is applied because most states will still continue to issue birth certificates. And these birth certificates must say that the person was born at the United States and the way that the current law is set, the way that a constitution is written and amended, definitely says that if you are born in the United States, you are a citizen and national of the United States. So we are likely to see more executive orders be signed over the next coming months.
For now, you have heard about the most important ones. I will do my best to keep you abreast and informed of the latest updates and changes and there will be a lot. My name is Moumita Rahman. Make sure you subscribe to my channel to stay up to date on the latest developments. I have been practicing immigration law for the past 15 years and I have seen a lot through the last Trump administration. And it is my honor to bring you the news as much as I can.
During his first term, Trump made it a lot harder to becoming a US citizen and he is likely to do that again this time around. This could mean higher filing fees, longer forms, longer processing times for the N-400, a more difficult citizenship test and more. I cover all of this in my other video along with tips to protect your case. So be sure to check it out. I'll include a link here. Click to watch it next and I'll see you there.