By Sir Ronald Sanders
Within hours of his second inauguration as President of the United States on January 20, Donald Trump issued a sweeping series of Executive Orders (EOs). Several of them will affect the Caribbean, but two are of immediate interest to people of the Caribbean. They will be discussed here.
But, first, it is important to understand that, while the sheer number and timing of these orders may seem unprecedented, issuing EOs is well within the president’s constitutional authority.
During his campaign, president Trump made no secret of his intentions to pursue the objectives outlined in these orders. Therefore, for anyone closely following US political developments – diplomats especially – these actions should not have come as a surprise. Nevertheless, their implications, particularly for Caribbean nationals, merit careful consideration.
What Is an Executive Order?
An Executive Order is not a law. Nor are the proclamations and memoranda that often accompany them. These directives outline how the president expects US government officials to implement policies and administer federal operations. Importantly, EOs can be challenged in court if they are deemed unconstitutional or in conflict with existing laws.
One of them has already been challenged in the courts by attorneys general of 22 states and the American Civil Liberties Union. This is the EO titled “Protecting the Meaning and Value of American Citizenship.” It seeks to end “birthright citizenship” for children born in the US to parents who are neither citizens nor lawful permanent residents.
This directly challenges the long-standing interpretation of the 14th Amendment to the US Constitution, which affirms: “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.”
For many years, this amendment to the Constitution has encouraged some expectant mothers to travel to the US to give birth, ensuring their children gain US citizenship automatically.
What does this mean for Caribbean nationals?
This EO cannot retroactively strip citizenship from those already born in the US, even if their parents were undocumented at the time. However, if the courts uphold the EO, future children born to non-immigrant visa holders – such as visitors overstaying their permitted time – will not qualify for US citizenship.
Until a court decision is made, Caribbean nationals, particularly pregnant women, should expect stricter scrutiny when entering the US. Immigration officials are likely to examine the purpose of travel more closely, and denial of entry may occur if they suspect an intention to give birth in the country.
Broader implications
It is widely known that some nationals from Latin America, the Caribbean, and other regions choose to have their children born in the US, hoping this will enable them, as parents, to apply successfully for permanent residency or citizenship.
However, this expectation has no basis in law. While the child born in the US is entitled to citizenship under the present arrangements, its parents, who are in the US illegally, have no attendant rights. Just after his election in November 2024, Trump made it clear that he “has no wish to break up families.” Therefore, unless provision is made for the children’s protection, they would have to leave with their parents.
Deportation of all illegal migrants
Now, throughout the US, undocumented migrants are deeply troubled. Anecdotal evidence suggests that many are hiding from Homeland Security Task Forces, which, under another EO, “Protecting the American People Against Invasion,” have been ordered to find and deport all inadmissible and removable aliens.
What can be done?
There is not much that the governments of Latin American and Caribbean countries can do about the deportation of their nationals who are in the US illegally. It is the sovereign right of the US, and every other nation, to craft and implement their immigration policies. Indeed, many Latin American and Caribbean countries also have policies of deporting illegal migrants, except when, in accordance with international humanitarian laws, refugee status is granted in special circumstances.
The governments of some countries, such as Venezuela, Nicaragua, and Honduras, have declared that they will not accept deportees. But that position is most unlikely to be adopted by the majority of the English-speaking nations of the Caribbean Community (CARICOM), whose societal character and principles would not permit them to turn their backs on their own.
To be sure, with the exception of Haiti, the numbers of illegal migrants in the US from CARICOM countries are not as large as those from other regions. Nonetheless, absorbing large numbers of deportees suddenly can have a disrupting effect on the social services of CARICOM governments, particularly in relation to healthcare and education. The additional strain could exacerbate unemployment and, potentially, contribute to a rise in crime rates.
These are all factors that will have to be monitored closely, and appropriate representation made to the US government if the problems become unmanageable.
US benefits from CARICOM
The relationship between the United States and the Caribbean remains crucial. The US enjoys a significant balance of trade surplus with CARICOM countries, amounting to $7.45 billion in 2023, while its aid to the region constitutes less than 0.1 percent of its total aid budget. Notably, 90 percent of this assistance is directed to Haiti, driven by US concerns over refugees, organized crime, and gangs.
With the exception of Haiti, CARICOM countries place no financial burden on the United States. Instead, they have proven to be steadfast partners, offering a favourable environment for US businesses, enabling the unrestricted repatriation of profits, and serving as a cherished second home for many Americans. These deeply rooted, mutually beneficial ties highlight the importance of continued cooperation, meaningful dialogue, and strengthened understanding to advance our shared interests, including on the movement of migrants and its consequences.
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