On January 20, 2025, President Donald Trump signed an executive order titled “Protecting the Meaning and Value of American Citizenship,” aiming to end birthright citizenship for children born in the United States to parents who are neither U.S. citizens nor lawful permanent residents. This action has sparked significant legal and political debates, as it challenges the long-standing interpretation of the United States’ Fourteenth Amendment’s Citizenship Clause.

Understanding Birthright Citizenship

Birthright citizenship, rooted in the Fourteenth Amendment of the U.S. Constitution, grants automatic citizenship to individuals born on U.S. soil, regardless of their parents’ immigration status. The relevant portion of the amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” This principle, known as jus soli (right of the soil), has been a cornerstone of American citizenship law since its adoption in 1868.

President Trump’s Executive Order

The executive order issued by President Trump seeks to reinterpret the Citizenship Clause by denying citizenship to children born in the U.S. if neither parent is a citizen or lawful permanent resident. This move aligns with his administration’s broader efforts to reform immigration policies and address concerns over illegal immigration.

Supporters argue that the current interpretation encourages unauthorized immigration and “birth tourism,” where individuals travel to the U.S. to give birth, securing citizenship for their children.

trump

FILE PHOTO: Denia Mendez from Honduras sits with her two children Sofia, 15, and Isai, 13, during a Sunday church service, as the family has been seeking asylum for the past thirteen months with an appointment made through the U.S. Customs and Border Protection CBP One application scheduled for January 21, a day after the inauguration of U.S. President-elect Donald Trump, in Piedras Negras, Coahuila, Mexico, January 19, 2025. REUTERS/Cheney Orr/File Photo

Legal Challenges and Opposition

The executive order has faced immediate legal challenges. On January 21, 2025, twenty-two Democratic-led states filed lawsuits arguing that Trump’s order usurped the legislative power of Congress, violated immigration and administrative law and runs against the Fourteenth Amendment of the U.S. Constitution.

They contend that any change to birthright citizenship requires a constitutional amendment, a process that demands significant legislative approval and is not within the purview of executive authority. Constitutional amendment would require two-thirds of both houses and approval by three-quarters of state legislatures, a process that would likely take years.

Civil rights groups, including the American Civil Liberties Union (ACLU), have also initiated legal actions, emphasizing that the Supreme Court’s decision in United States v. Wong Kim Ark (1898) affirmed that the Citizenship Clause applies to virtually all individuals born in the U.S., regardless of parental citizenship.

birthright citizenship

Reverend Mariann Edgar Budde speaks as U.S. President Donald Trump, first lady Melania and U.S. Vice President J.D. Vance with second lady Usha attend the National Day of Prayer Service at the Washington National Cathedral in Washington, U.S., January 21, 2025. REUTERS/Kevin Lamarque

Political Reactions

President Joe Biden criticized the executive order, stating that attempting to eliminate birthright citizenship undermines a fundamental constitutional right. He emphasized that America’s strength lies in its diversity and multicultural identity, and altering birthright citizenship challenges these core values. Biden also highlighted the potential legal overreach of using an executive order to modify constitutional interpretations.

Historical Context and Precedents

This is not the first time birthright citizenship has been a topic of political debate. In 2018, during his first term, President Trump expressed intentions to end birthright citizenship through executive action, but no such order was issued at that time. Legal experts have consistently maintained that altering the interpretation of the Fourteenth Amendment requires a constitutional amendment, not unilateral executive action.

Workers set up a giant tent, where Mexican authorities will build a temporary shelter for migrants deported from the United States, in Ciudad Juarez, Mexico, January 22, 2025. REUTERS/Jose Luis Gonzalez TPX IMAGES OF THE DAY

Implications and Future Outlook

If implemented, the executive order could significantly impact thousands of children born in the U.S. annually to non-citizen parents, potentially rendering them stateless or forcing them to seek citizenship through other, more complex avenues. The ongoing legal battles will likely ascend to the Supreme Court, setting the stage for a landmark decision on the interpretation of the Fourteenth Amendment’s Citizenship Clause. In the meantime, the order has intensified the national conversation on immigration, citizenship, and constitutional rights, highlighting the deep divisions and complexities surrounding these issues in contemporary American society.