Qur’an burning in Sweden underscores need to combat Islamophobia from Europe to Latin America

The undated photo shows Muslim women holding banners to raise awareness about Islam in Colombia, South America.
Short Url
Updated 06 July 2023
Follow

Qur’an burning in Sweden underscores need to combat Islamophobia from Europe to Latin America

  • The June 28 desecration act draws attention to hatred, prejudice believed to lie beneath the surface
  • A recent survey of Muslims in Brazil found that women suffer higher rates of Islamophobia than men

SAO PAULO: As the number of Muslims in Latin America increases and Islamic communities gain visibility, more and more cases of Islamophobia are being reported in the region. Community leaders, most of them women, are striving to tackle the issue.

With a Muslim population estimated at between 800,000 and 1.5 million, Brazil is the only nation in Latin America where a comprehensive study on Islamophobia has been conducted.

The issue has been in the spotlight after a copy of the holy Qur’an was burned on June 28 outside Stockholm’s central mosque in an offensive act tolerated by the authorities in Sweden. Although South America has not witnessed such crude display of intolerance, Islamophia is believed to exist just under the surface in many countries.




Swedish police watch as Salwan Momika, who fled from Iraq to Sweden several years ago, prepares to deface the Muslim holy book outside a mosque in Stockholm on June 28, 2023, during the Eid al-Adha holiday. (JAFP)

Led by anthropologist Francirosy Barbosa, a professor at the University of Sao Paulo and herself a Muslim convert, the research involved a survey of 653 Muslims that showed most of them having already suffered some kind of Islamophobia. 

“Women were the majority of the respondents, something that already demonstrates that they’re the ones who suffer the most,” Barbosa told Arab News.

About 54 percent of the men who took part in the study — both those born to Islam and converts — said they have faced some sort of embarrassment due to their religion. Most cases happened on the street, in the workplace or at school.

The proportions are higher among women, with 66 percent of those born to Islam reporting that they have been offended or attacked due to their faith, and 83 percent of converts reporting the same.

Many incidents involve subtle comments and jokes, like a work colleague who discovers that somebody in the office is Muslim and begins to call him or her a “suicide bomber,” or a person who insists that her friend should not wear a headscarf because it is a symbol of male domination.

But the study also reports serious cases of physical violence, such as an unknown attacker spraying insecticide in the eyes of a woman wearing a hijab, and a girl who left her mosque and was hit by a man on the street.

Female converts “are the major victims of Islamophobia because they’re more vulnerable. Many of them come from poor neighborhoods and have to use public transportation,” Barbosa said.

Female converts also have to deal with pressures from their own families. The result is that many of them give up wearing a headscarf after being attacked, something “that brings suffering because they feel they’re failing to attend a divine commandment,” Barbosa said.

She added that Islamophobia grew in Brazil under former President Jair Bolsonaro (2019-2022), when different anti-Muslim groups became more powerful.

“In that period, there was a boom in pro-Zionist evangelical churches, for instance,” she said. The survey’s respondents said evangelical Christians are the religious segment that discriminates against them the most.

Barbosa was invited earlier this year to take part in a workshop organized by the Ministry of Human Rights and Citizenship to discuss hate speech.

Her study on Islamophobia was presented to the group and will be part of its final report, which will orientate the government’s policies to combat intolerance.

“In our research, we included some guidelines for the struggle against Islamophobia, like the need to invest in education about religions and Islam. Now, those suggestions may finally come to light with the new government (of President Luiz Inacio Lula da Silva),” Barbosa said.

In Argentina, activists against Islamophobia have been counting on partnerships with governmental institutions as well.

In 2022, Islam para la Paz (Islam for Peace) celebrated a deal with the National Institute against Discrimination, Xenophobia and Racism — known by the Spanish acronym INADI — with the goal of promoting cooperation against religious discrimination.

Melody Amal Khalil Kabalan, who heads Islam para la Paz, said many press outlets were spreading misinformation about Qatar when it hosted the FIFA World Cup last year, so her organization and INADI promoted a workshop on the country for journalists.

“This year, we’ll organize a program called School without Discrimination, which will include workshops about Islamic habits for students,” she told Arab News.

While Islamophobia in Argentina is not comparable to what happens in European nations, there has been a growing number of cases lately, she said. Most cases involve women, like in Brazil.

“In a notorious incident, a woman was forbidden to get into a swimming pool in (the city of) Mendoza wearing her burkini,” Khalil said.

“In other cases, women were impeded by government officials to take pictures for documents wearing a hijab, which is their right.”

Victims of Islamophobia can report incidents to INADI, but many fail to do so “because they think the authorities won’t defend Muslims as they defend other groups,” Khalil said.

“We realized that this perception is connected to the fact that our communities aren’t so organized to resist discrimination as other communities in Argentina.”

She said it is up to Muslims to inform and educate Argentinian society about their needs and specificities.

“We have a responsibility to tell people about our way of life. It’s not only a problem for the government,” she added.

Islam para la Paz recently created an observatory of Muslim issues and is gathering information on the communities’ problems.

In Colombia, a group of women led by Maria Jose Acevedo Garcia established five years ago the Islamic Foundation Assalam of Colombian Muslim Women, whose goal is to protect Muslim women and prevent Islamophobia.

She said the most common incidents involve discrimination at school, the workplace and in government agencies.

“Women at times are discriminated against for wearing a hijab at work. In those cases, I send a letter to the person in charge and schedule a visit to the company in order to inform people about Islam,” Acevedo told Arab News.

Raised in a Catholic family, she converted to Islam 20 years ago. At first, she would commonly hear offensive comments and get angry, but over time she “learned how to react calmly and educate people.”

She said: “Assalam frequently visits schools and universities to offer workshops against discrimination. That’s the only way to change things.”

Acevedo added that during crises in Muslim nations — such as the war in Syria and the Taliban takeover of Afghanistan — Islamophobia usually increases.

“We still haven’t experienced a great number of physical attacks, but incidents in which people tried to take off the hijab of a woman on public transportation have already been reported,” she said.

Assalam recently met with governmental authorities in order to present to them the needs of Muslim women in Colombia.

Problems commonly arise at the airport, for instance, when women coming from Muslim nations are told to take off the headscarf during inspection.

Acevedo expressed hope that more government employees will understand the nature of Islam in the future.

In Mexico, where the Muslim community has been growing over the past years, Islamophobia is noticeable in the arts, books and the news, where “negative expressions are commonly employed when it comes to Islam,” anthropologist Samantha Leyva Cortes told Arab News.

In her studies about Muslim communities in Mexico City and San Cristobal de las Casas, Leyva was told by many women that they are treated as foreigners due to their hijab.

“Shopkeepers frequently assume they aren’t from Mexico and charge them more than they should for a product,” she said.

Women wearing headscarves have to face all kinds of sexist remarks on the street and on public transportation, Leyva said.

“People generally think they’re passive, disenfranchised women. They don’t consider that wearing a hijab is their choice,” she added.

But the younger generations have been opening new paths lately. Many Muslim women are expanding their presence on social media and making themselves visible in the public arena.

“Many conversions have been happening online, so the internet is an important space for them,” Leyva said.

Barbosa said most Muslim leaders have been dealing with Islamophobia inadequately. “In general, they’re concerned only about spreading the religion and think that talking about discrimination and violence is something negative that can raise more problems,” she added.

Her goal now is to apply the same survey in other Latin American countries so the problem of Islamophobia in the whole region will be known, and communities and governments will be able to act.

 


Trump tests whether a bulldozer can also be a peacemaker

US President Donald Trump speaks in the Roosevelt Room at the White House on January 21, 2025, in Washington, DC. (AFP)
Updated 3 min 11 sec ago
Follow

Trump tests whether a bulldozer can also be a peacemaker

  • During his first stint in power, Trump ordered a strike that killed senior Iranian commander Qassem Soleimani and vowed confrontation with China

WASHINGTON: President Donald Trump has vowed to be a peacemaker in his new term, but his aggressive early actions threaten to alienate US friends in a way that could hinder his ambitions, experts say.
In an inaugural address on Monday, Trump said that his “proudest legacy will be that of a peacemaker and a unifier” and pointed to his support for a new ceasefire in Gaza.
Speaking to reporters as he returned to the White House after four years, Trump also suggested he would press Russia to make a deal to end its three-year invasion of Ukraine, quipping that President Vladimir Putin — with whom he had famously warm relations in the past — knows he is “destroying” his own country.
But in the throwback to the bedlam of his 2017-2021 term, Trump’s return was also consumed by rage over grievances at home, and the most memorable foreign-policy line of his inaugural address was a vow to take back the Panama Canal, which the United States returned in 1999 but where Trump charges that China has gained too strong a foothold.
Trump has also spoken of seizing Greenland from NATO ally Denmark, moved to send the military to the Mexican border to stop migration, vowed tariffs even against close allies and announced the withdrawal of the United States from the World Health Organization and Paris climate accord, both home to almost every other country.
“Trump’s worldview seems to be contradictory. He has a streak that is pro-peace and another streak which seems more confrontational and militarist,” said Benjamin Friedman, policy director at Defense Priorities, which advocates restraint.
During his first stint in power, Trump ordered a strike that killed senior Iranian commander Qassem Soleimani and vowed confrontation with China, although he also boasted of keeping US troops out of new wars and sought diplomacy with North Korea.
“In the first term, the more confrontational and militarist streak won out more often than not” on tension spots such as Iran, Friedman said.
This time, he said, at least on Ukraine and the Middle East, Trump appears to have shifted to a more progressive stance.
But on Latin America, and in his selection of aides with hawkish views on China, Trump remains hawkish, Friedman said.
He said that Trump essentially had a 19th-century philosophy in line with populist president Andrew Jackson, feeling a comfort with threatening the use of force to achieve national interests.
Such a way of thinking, for Trump, “isn’t consistent necessarily with being a peacemaker or a warmonger” but rather is a mix.

Trump made no clear mention of US allies on his inaugural day. In the past he has described NATO allies as freeloaders and pushed them to pay more for their own security.
However, Secretary of State Marco Rubio was meeting Tuesday with counterparts from Japan, India and Australia — the so-called Quad of democracies which China sees as an effort to contain its rise.
Jon Alterman, a senior vice president at the Center for Strategic and International Studies, said that Trump should be mindful of lessons from China, whose assertive “Wolf Warrior” diplomacy brought together a number of Asian countries on the receiving end.
“It would be a profound shift if the United States went from being seen as the principal provider of security to being the principal source on uncertainty,” Alterman said.
Trump, as he seeks to negotiate deals, “has an interest in keeping friendly countries on his side,” Alterman said.
Kori Schake, who served in senior defense planning roles under former president George W. Bush, said it was too early to tell the impact of Trump’s “chaos” on peacemaking and said that early actions could have been even more severe.
“But the actions he did take are still damaging. Withdrawing from the World Health Organization will give us less warning of emergent disease,” she said.
“Antagonizing Panama is counterproductive and will fan anti-Americanism throughout the hemisphere,” she said.
 

 


Trump’s UN pick blasts ‘anti-Semitic rot’ in world body

Updated 22 January 2025
Follow

Trump’s UN pick blasts ‘anti-Semitic rot’ in world body

  • Stefanik was pushed on her views on the war in Gaza, and noted that she voted to defund UNRWA, the UN agency for Palestinian refugees

WASHINGTON: Donald Trump’s nominee to represent Washington at the United Nations railed against “anti-Semitic rot” in the global organization as she was grilled by senators at her confirmation hearing on Tuesday.
New York congresswoman Elize Stefanik noted that America contributes more to the UN than any other country and called for reform to ensure its tax dollars were not “propping up entities that are counter to American interests, anti-Semitic, or engaging in fraud, corruption or terrorism.”
A right-wing firebrand who was considered a moderate before the Trump era, Stefanik is seen as one of the most vocal supporters in Congress of both Israel and US Jewish causes.
“It’s one of the reasons why, in my conversation with President Trump, I was interested in this position — because if you look at the anti-Semitic rot within the United Nations, there are more resolutions targeting Israel than any other country, any other crisis, combined,” Stefanik told the Senate Committee on Foreign Relations.
Stefanik, 40, made the same criticism of the US higher education system as she touted her record of holding the feet of college administrators to the fire during aggressive questioning last year over anti-Semitism on campuses.
“My oversight work led to the most viewed testimony in the history of Congress,” she said.
“This hearing with university presidents was heard around the world and viewed billions of times, because it exposed the anti-Semitic rot in colleges and universities and was a watershed moment in American higher education.”
Stefanik was pushed on her views on the war in Gaza, and noted that she voted to defund UNRWA, the UN agency for Palestinian refugees. Former president Joe Biden halted its US funding over allegations that members were possibly involved in the October 7 Hamas attacks.
Stefanik also revealed that she agreed with far-right Israeli ministers who believe Israel has a “biblical right to the entire West Bank” — but avoided being pinned down on whether she supported Palestinian self-determination.
Pennsylvania’s John Fetterman is the only Democrat to have pledged his support for Stefanik, but others have indicated they may wave her through and she is expected to be confirmed with little drama in a vote of the full Senate.
“If confirmed, I will work to ensure that our mission to the United Nations serves the interest of the American people, and represents American President Trump’s America First, peace-through-strength foreign policy,” she said.

 


Australia probes possible foreign funding behind anti-Semitic attacks

Updated 22 January 2025
Follow

Australia probes possible foreign funding behind anti-Semitic attacks

  • Vandals have in recent weeks torched a Sydney childcare center, set cars ablaze in largely Jewish neighborhoods and splashed inner-city synagogues with red paint and graffiti

SYDNEY: Australia is investigating whether local criminals were paid by foreign actors to carry out a spate of anti-Semitic attacks, Prime Minister Anthony Albanese said Wednesday.
Vandals have in recent weeks torched a Sydney childcare center, set cars ablaze in largely Jewish neighborhoods and splashed inner-city synagogues with red paint and graffiti.
Masked arsonists firebombed a synagogue in the city of Melbourne in December.
Albanese said some of these attacks appeared to have been carried out by “paid actors.”
“Some of these are being perpetrated by people who don’t have a particular issue, aren’t motivated by an idealogy, but are paid actors,” he said.
“It’s unclear who or where the payments are coming from.”
Australian Federal Police commissioner Reece Kershaw said detectives were investigating whether cash to fund these attacks had flowed from “overseas.”
“We are looking into whether overseas actors or individuals have paid local criminals in Australia to carry out some of these crimes in our suburbs.”
Neither Albanese nor police offered any details about what evidence authorities may have collected, which foreign actors were under suspicion, or why they were supposedly involved.
Police on Wednesday charged a 33-year-old man with attempting to light a Sydney synagogue on fire.
Eight people were charged on Tuesday with a string of “hate crime-related incidents” dating back to November, police said.


Trump’s pardons will embolden Proud Boys, other far-right groups, say experts

A protester yells inside the Senate Chamber on January 06, 2021 in Washington, DC. (AFP file photo)
Updated 22 January 2025
Follow

Trump’s pardons will embolden Proud Boys, other far-right groups, say experts

  • Gavin McInnes, the British-born founder of the Proud Boys, said in an interview that he and his friends were celebrating late on Monday by “pounding bourbons and laughing our heads off”
  • “Our politics has always been violent,” Pattis said, pointing to events ranging from the US Civil War to the protests in the 1960s

WASHINGTON: A day after US President Donald Trump’s sweeping grant of clemency to all of the nearly 1,600 people charged in connection with the 2021 attack on the US Capitol, America’s far-right celebrated. Some called for the death of judges who oversaw the trials. Others partied and expressed relief. Some even wept with joy.
Several experts who study extremism said the extraordinary reversal for rioters who committed both violent and nonviolent crimes on Jan. 6, including assaulting police officers and seditious conspiracy, will embolden the Proud Boys and other extremist groups such as white supremacists who have openly called for political violence.

In a few pen strokes, Trump reversed the largest US Justice Department investigation and prosecution in history, as he attempted to rewrite what happened during the violent riot on Jan. 6, 2021. As he took office for a second term on Monday, Trump continued to claim, falsely, that the 2020 election was rigged and that he was the rightful winner. He has described the riots as a peaceful “day of love” rather than a melee aimed at overturning the results of the 2020 US presidential election.

William Sarsfield, who was released from serving time for his charges related to January 6, 2021 attack on the U.S. Capitol, wears his prison shoes, after U.S. President Donald Trump made a sweeping pardon of nearly everyone charged in the January 6, 2021 attack, in Washington, U.S. January 21, 2025. (REUTERS)

“We’re not going to put up with that crap anymore,” Trump said at a post-inauguration rally on Monday, describing the Jan. 6 offenders as “hostages.”
For the convicted Jan. 6 defendants, and for the Trump faithful, the pardons were vindication for unjust persecutions by the president’s political enemies.
Gavin McInnes, the British-born founder of the Proud Boys, said in an interview that he and his friends were celebrating late on Monday by “pounding bourbons and laughing our heads off.”
Before the 2020 election, Trump told the Proud Boys – a violent all-male extremist group – to “stand back and stand by.” Three months later, federal prosecutors say, the group’s leaders plotted the Jan. 6 attack.
“This is a victory for us,” said McInnes, now a right-wing podcaster. If Trump hadn’t given all the Proud Boys clemency, the president would have been “dead to me, and Proud Boys and MAGA and everyone,” he said. “But luckily that didn’t happen.”
In a video posted online shortly after the pardons, convicted rioter Christopher Kuehne, a Marine veteran from Kansas who traveled to Washington with the Proud Boys in January 2021, sobbed: “I am finally free. I don’t even have the words to thank President Trump for what he has done for us.” He was sentenced in February to 75 days in prison and 24 months of supervised release for obstructing law enforcement.
Another Proud Boy told Reuters the pardons would help recruit more members. “A lot of people stayed away from us after there were arrests,” he said, speaking on condition of anonymity. “Now they are going to feel like they are bulletproof.”
The riot began after Trump rallied thousands of supporters to march on the Capitol on Jan. 6, 2021, as Congress certified Democrat Joe Biden’s victory. Inspired by Trump’s baseless rigged-election claims, they swarmed the Capitol, setting off pitched battles with police. Some bludgeoned officers with makeshift weapons that included metal pipes, wooden poles and baseball bats. Prosecutors said the rioters carried firearms, tasers, swords, hatchets and knives.
Four people died on the day of the attack, including a woman protester shot by police. One Capitol Police officer who fought the rioters died the next day. Another 140 officers were injured. Four officers who responded to the riot later committed suicide.
Norm Pattis, a defense attorney who represents three Proud Boys and the leader of the Oath Keepers, a militia, dismissed the notion that the sweeping clemency would somehow lead to an increase in political violence.
“Our politics has always been violent,” Pattis said, pointing to events ranging from the US Civil War to the protests in the 1960s. “And so a few-hours riot at the Capitol is going to warrant years, decades behind bars? For some people, it’s disproportionate, and in my view just repulsive.”

“YOU NEED ACCOUNTABILITY”
Two police officers who were beaten while trying to hold off the crowd said the pardons were a chilling sign that loyalty to Trump is now more important than the rule of law.
“It’s outrageous,” former DC Metropolitan Police Officer Michael Fanone told Reuters. Fanone suffered a heart attack and a brain injury after he was beaten, sprayed with chemical irritants and shocked with a stun gun during the Jan. 6 violence. Fanone, 44, who spent 20 years as a police officer, said the pardons likely will inspire other supporters to violence, “because they believe Donald Trump will grant them a pardon. And why wouldn’t they believe that?”
Aquilino Gonell, a former US Capitol Police sergeant who was injured defending the Capitol, said Trump’s pardons had nothing to do with righting an injustice. Trump and his Republican allies “have lost their claim to having moral high ground when defending our system of governance, the constitution, and supporting the police,” he said.
Among the pardoned were more than 300 who pleaded guilty to either assaulting or obstructing law enforcement, including 69 who admitted to assaulting police with a dangerous or deadly weapon. Trump’s order commuted the sentences of 14 convicted of serious crimes, including Stewart Rhodes, former leader of the Oath Keepers. Trump also issued pardons for others, including former Proud Boys leader Enrique Tarrio, sentenced to 22 years for seditious conspiracy.
Nearly 300 rioters had links to 46 far-right groups or movements, according to a study from the National Consortium for the Study of Terrorism and Responses to Terrorism, a University of Maryland-based network of scholars that tracks and analyzes terrorist incidents.
Heather Shaner, a Washington lawyer who served as a court-appointed defense attorney for more than 40 of the defendants, called the pardons an attempt to whitewash history. “You need accountability,” she said in an interview. “Only by acknowledging the truth and providing accountability can you move forward.”
Some political extremism experts said the pardons would incentivize pro-Trump vigilantes to commit violence under the belief they’ll receive legal immunity if they act in the interests of Trump. “They are going to feel they can do whatever they want,” Julie Farnam, who was the assistant director of intelligence for the US Capitol Police during the Jan. 6 riots, said of far-right groups. “
They’ll feel like they can because there is no leadership in the United States that tries to stop it,” said Farnam, who now runs a private investigative agency.
Couy Griffin, who was stripped of his seat as a New Mexico county commissioner after he was convicted of trespassing on Capitol grounds, said he instructed his attorney to decline Trump’s pardon, as he appeals his conviction in federal court. In an interview, Griffin said he believes Trump’s enemies distorted the truth about the Capitol riots.
“Was there some violence against police officers? Yes, there was also a lot of violence of police officers against the crowd,” he said, echoing a frequent complaint of Trump supporters.

DEATH THREATS TO JURISTS, POLITICIANS
Many Trump supporters praised the pardons in right-wing online forums. Some threatened those who supported the prosecutions.
On the pro-Trump website Patriots.Win, at least two dozen people expressed hopes for executions of Democrats, judges or law enforcement linked to the Jan. 6 cases. They called for jurists or police to be hanged, pummeled to death, ground up in wood chippers or thrown from helicopters.
“Gather the entire federal judiciary into a stadium. Then have them listen and watch while the judges are beaten to death,” one wrote. “Cut their heads off and put them on pikes outside” the Justice Department.
Others called for killing Trump’s political critics after former House of Representatives Speaker Nancy Pelosi, an influential Democrat, called the pardons “an outrageous insult.” “If someone successfully whacked Pelosi, I would consider them a hero,” one Patriots.Win commenter wrote. Another wished for Liz Cheney, the Republican who defied Trump by spearheading the congressional investigation of the violence, to “hang.”
One of the most famous rioters, Jake Angeli-Chansley, who became known as the “QAnon Shaman” for wearing a horned hat in the Capitol, took to the social media platform X to celebrate after the pardons. Sentenced to 41 months in prison in 2021, he was released from federal custody in 2023.
“NOW I AM GONNA BUY SOME MOTHAFU*KIN GUNS!!! I LOVE THIS COUNTRY!!! GOD BLESS AMERICA!!!”

 


22 states sue to stop Trump’s order blocking birthright citizenship

Updated 22 January 2025
Follow

22 states sue to stop Trump’s order blocking birthright citizenship

  • The White House said it’s ready to face the states in court and called the lawsuits “nothing more than an extension of the Left’s resistance”

Attorneys general from 22 states sued Tuesday to block President Donald Trump’s move to end a century-old immigration practice known as birthright citizenship guaranteeing that US-born children are citizens regardless of their parents’ status.
Trump’s roughly 700-word executive order, issued late Monday, amounts to a fulfillment of something he’s talked about during the presidential campaign. But whether it succeeds is far from certain amid what is likely to be a lengthy legal battle over the president’s immigration policies and a constitutional right to citizenship.
The Democratic attorneys general and immigrant rights advocates say the question of birthright citizenship is settled law and that while presidents have broad authority, they are not kings.
“The president cannot, with a stroke of a pen, write the 14th Amendment out of existence, period,” New Jersey Attorney General Matt Platkin said.
The White House said it’s ready to face the states in court and called the lawsuits “nothing more than an extension of the Left’s resistance.”
“Radical Leftists can either choose to swim against the tide and reject the overwhelming will of the people, or they can get on board and work with President Trump,” White House deputy press secretary Harrison Fields said.
Connecticut Attorney General William Tong, a US citizen by birthright and the nation’s first Chinese American elected attorney general, said the lawsuit was personal for him.
“The 14th Amendment says what it means, and it means what it says — — if you are born on American soil, you are an American. Period. Full stop,” he said.
“There is no legitimate legal debate on this question. But the fact that Trump is dead wrong will not prevent him from inflicting serious harm right now on American families like my own.”
What is birthright citizenship?
At issue in these cases is the right to citizenship granted to anyone born in the US, regardless of their parents’ immigration status. People in the United States on a tourist or other visa or in the country illegally can become the parents of a citizen if their child is born here.
It’s enshrined in the 14th Amendment to the Constitution, supporters say. But Trump and allies dispute the reading of the amendment and say there need to be tougher standards on becoming a citizen.
The US is among about 30 countries where birthright citizenship — the principle of jus soli or “right of the soil” — is applied. Most are in the Americas, and Canada and Mexico are among them. Most other countries confer citizenship based on whether at least one parent — jus sanguinis, or “right of blood” — is a citizen, or have a modified form of birthright citizenship that may restrict automatic citizenship to children of parents who are on their territory legally.
What does Trump’s order say?
Trump’s order questions that the 14th Amendment extends citizenship automatically to anyone born in the United States.
Ratified in 1868 in in the aftermath of the Civil War, the 14th Amendment says: “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.”
Trump’s order asserts that the children of noncitizens are not subject to the jurisdiction of the United States. It excludes the following people from automatic citizenship: those whose mothers were not legally in the United States and whose fathers were not US citizens or lawful permanent residents, and people whose mothers were in the country legally but on a temporary basis and whose fathers were not citizens or legal permanent residents.
It goes on to bar federal agencies from recognizing the citizenship of people in those categories. It takes effect 30 days from Tuesday, on Feb. 19.
It’s not clear whether the order would retroactively affect birthright citizens. It says that federal agencies “shall” not issue citizenship documents to the people it excludes or accept other documents from states or local governments.
What is the history of the issue?
The 14th Amendment did not always guarantee birthright citizenship to all US-born people. Congress did not authorize citizenship for all Native Americans born in the United States until 1924.
In 1898 an important birthright citizenship case unfolded in the US Supreme Court. The court held that Wong Kim Ark, who was born in San Francisco to Chinese immigrants, was a US citizen because he was born in the country. After a trip abroad, he had faced denied reentry by the federal government on the grounds that he wasn’t a citizen under the Chinese Exclusion Act.
But some advocates of immigration restrictions have argued that while the case clearly applied to children born to parents who are both legal immigrants, it’s less clear whether it applies to children born to parents without legal status.
The issue of birthright citizenship arose in Arizona — one of the states suing to block Trump’s order — during 2011 when Republican lawmakers considered a bill that would have challenged automatic birthright citizenship. Supporters said then that the goal wasn’t to get every state in the nation to enact such a law, but rather to bring the dispute to the courts. The bill never made it out of the Legislature.
What has the reaction to Trump’s order been?
In addition to the states, the District of Columbia and San Francisco, immigrant rights groups are also suing to stop Trump’s order.
Chapters of the American Civil Liberties Union in New Hampshire, Maine and Massachusetts along with other immigrant rights advocates filed a suit in New Hampshire federal court.
The suit asks the court to find the order to be unconstitutional. It highlights the case of a woman identified as “Carmen,” who is pregnant but is not a citizen. The lawsuit says she has lived in the United States for more than 15 years and has a pending visa application that could lead to permanent status. She has no other immigration status, and the father of her expected child has no immigration status either, the suit says.
“Stripping children of the ‘priceless treasure’ of citizenship is a grave injury,” the suit says. “It denies them the full membership in US society to which they are entitled.”
In addition to New Jersey and the two cities, California, Massachusetts, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont, and Wisconsin joined the lawsuit to stop the order.
Arizona, Illinois, Oregon and Washington filed a separate suit in federal court challenging Trump’s order as well.