Quick summary
• President Donald Trump signed an executive order aiming to end birthright citizenship for children of undocumented immigrants and temporary visa holders.
• The executive order reinterprets the 14th Amendment, which has guaranteed birthright citizenship for over 150 years.
• The policy applies to children born after February 19, 2025, and could face immediate legal challenges due to constitutional concerns.
• Immigration advocates warn the order could deny critical documentation to affected children, rendering them stateless and vulnerable.
• Legal experts highlight the Supreme Court’s 1898 decision in United States v. Wong Kim Ark as a precedent upholding birthright citizenship.
• The executive order is part of broader immigration crackdowns announced by the Trump administration on its first day back in office.
• Civil rights groups and constitutional scholars are preparing to challenge the order in federal courts, setting the stage for a protracted legal battle.
On his first day back in office, President Donald Trump signed an executive order seeking to end birthright citizenship for children born in the United States to undocumented immigrants or temporary visa holders. This policy, which reinterprets a constitutional right enshrined for over 150 years, is already facing sharp criticism and expected to face immediate legal challenges.
The executive order, titled “Protecting the Meaning and Value of American Citizenship,” applies to children born after February 19, 2025. It reinterprets the 14th Amendment’s Citizenship Clause, which declares, “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.”
Civil rights groups argue that the executive order is a direct challenge to the Constitution’s 14th Amendment and over a century of legal precedent. The 1898 Supreme Court decision in United States v. Wong Kim Ark upheld birthright citizenship, even for children of immigrants who could not naturalize under the law at that time.
The new policy targets infants born to mothers who are undocumented or present in the United States on temporary visas. Additionally, it defines “biological progenitors” in strictly binary terms, leaving queer and nonbinary couples in legal uncertainty.
Immigration advocates have highlighted the potentially devastating consequences of the executive order. Wendy Cervantes of the Center for Law and Social Policy noted, “Even if stopped by the courts, it would still harm newborn babies, denying them access to the health care and supports that are so critical in the early years.”
Without U.S. citizenship, affected children could face barriers to obtaining birth certificates, Social Security numbers, and other critical documentation. This policy could render children stateless and disproportionately impact communities of color.
The principle of birthright citizenship, or jus soli (“right of the soil”), is deeply rooted in American law and history. The 14th Amendment was ratified in 1868 to ensure citizenship for formerly enslaved individuals and their descendants. Globally, the United States is one of several countries, including Canada and Mexico, that upholds birthright citizenship.
The birthright citizenship order is one of several immigration policies introduced by the Trump administration on its first day back in office. The administration has also outlined plans to reduce legal immigration and expedite deportations.
While the administration’s executive order is expected to face legal challenges, its ultimate outcome remains uncertain. Civil rights organizations and constitutional scholars are preparing for what could be a lengthy battle in federal courts.
To join the fight to stop the Trump administration from mass deportations, join ACLU.
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