- Nigerians in the diaspora have condemned Trump’s executive order to end birthright citizenship.
- Critics argue that an executive order cannot amend the U.S. Constitution, which guarantees citizenship by birth.
- Legal challenges to the policy are expected, with U.S. courts set to have the final say.
Nigerians in the diaspora have sharply criticized U.S. President Donald Trump’s recent move to cancel birthright citizenship, arguing that an executive order alone cannot override the constitutional guarantee of citizenship by birth.
Trump’s order, signed on his first day in office, seeks to end the automatic granting of U.S. citizenship to children born on American soil to parents who are in the country unlawfully or temporarily.
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The policy has sparked immediate backlash and legal challenges from various groups, including 22 Democratic states, who have filed lawsuits to halt its implementation.
The executive order, which applies to children born after 30 days from its signing, has drawn widespread concern from Nigerian citizens living abroad, particularly in the United States and Canada.
Many believe that while Trump’s intentions may be to protect national interests, the legality of the move is highly questionable.
One Nigerian resident in the U.S., Ralu Ajekwe, expressed his doubts, questioning whether an executive order could legally amend a constitutional provision. “Is it in line with extant laws? Is an executive order enough to amend a constitutional issue?” Ajekwe said.
He further pointed out that the legality of the order would ultimately be determined by the U.S. courts, including the Supreme Court.
Legal practitioners in the diaspora also weighed in on the issue, dismissing the executive order as a political maneuver or “showmanship” aimed at appealing to Trump’s base.
One unnamed Nigerian lawyer based in Canada explained that Trump’s move appears to contradict the 14th Amendment of the U.S. Constitution, which explicitly states that all persons born in the U.S. are citizens.
“There is an exception for children of diplomats due to their immunity, but it’s unclear whether children of temporary residents would be excluded from U.S. jurisdiction,” he said.
He also noted that the policy would likely face significant legal challenges in U.S. courts, where the judiciary would have the final say.
Peter Obiora, an online editor at InvestAdvocate who resides in the U.S., expressed similar concerns, emphasizing that an executive order cannot bypass constitutional provisions.
“It cannot work that way unless they change the constitution,” he stated. Obiora believes that the policy is unlikely to succeed in its current form and will face significant hurdles in the courts.
“There would be a barrage of lawsuits on this,” he added, referring to Trump’s past failed attempts to alter birthright citizenship.
Some diaspora Nigerians, however, saw the policy as part of a broader strategy to control immigration into the United States. Johnpaul Nwafidelie, who lives in Canada, suggested that countries like Canada may adopt similar policies, though through legislative means.
Nwafidelie advised Nigerians seeking dual citizenship for their children to follow the proper legal channels, recognizing that while birthright citizenship may no longer apply, there are still ways to obtain citizenship through other methods.
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While Trump’s executive order has stirred up strong reactions, the ongoing legal battles and challenges in U.S. courts will ultimately determine the fate of birthright citizenship in America.
For now, Nigerians in the diaspora continue to debate whether the policy is a legitimate effort to safeguard American interests or simply a political statement without legal standing.
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