President Donald Trump’s recent executive order on immigration in the United States has raised concerns among families of undocumented immigrants.
In an interview with CNN 360° This Wednesday (22), the lawyer specializing in immigration, Vinicius Bicalho, clarified crucial points about priority deportations and the citizenship of children of illegal immigrants born on American soil.
According to Bicalho, the new order determines that, after 30 days of its publication, a measure will come into force that will affect the granting of citizenship to children of undocumented people.
However, the expert emphasizes that those who were born or born during this period of “vacatio legis” will be protected and will maintain American citizenship.
Constitutionality questioned
The lawyer argues that the measure “abruptly” violates the 14th Amendment to the United States Constitution, in force since 1868.
“The expectation of the legal world is that there will be no change in the law,” says Bicalho, highlighting that 19 states have already filed lawsuits against the executive order, in addition to several organizations defending civil rights.
Bicalho explains that any change to the 14th Amendment should be made through a new constitutional amendment, and not through a simple presidential decree.
Despite the Republican majority on the Supreme Court and in Congress, the expert believes that Trump will face significant resistance to implementing this change.
Deportation priorities
Regarding undocumented parents of children born in the USA, Bicalho mentions the “Prosecutory Discretion” procedure.
This mechanism prioritizes the deportation of immigrants who pose a real risk to the security of the United States.
“The people who are here working with some violation of deadlines, of status, they would not be in this priority”, explains the lawyer.
He argues that the legal understanding is that these people are not immediately deportable, as they do not put the country’s security at risk.
The expert concludes that, in practice, there are other immigrants who should be removed from the country as a priority, suggesting that working families, even if in an irregular situation, would not be the immediate focus of the American government’s deportation actions.
This content was originally published on CNN, expert explains priority for deportation in the USA on the CNN Brasil website.
Source: CNN Brasil
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