On the first day of his second term, President Donald Trump issued an executive order aimed at eliminating birthright citizenship for certain individuals born in the United States to parents without specific immigration statuses.
What the Executive Order Says
Under the new executive order, individuals born in the U.S. will no longer automatically obtain U.S. citizenship at birth. The directive specifies that unless a child’s biological mother or father is a lawful permanent resident (green card holder) or a U.S. citizen, the child will not be granted U.S. citizenship by birth.
What Does the Executive Order Do?
The order instructs the federal government to withhold any documentation recognizing U.S. citizenship for children born in the U.S. after February 19, 2025, who do not meet the specified parental status criteria.
When Does the Executive Order Take Effect?
The executive order is set to take effect on February 20, 2025, which is 30 days after its issuance.
What is Birthright Citizenship?
Birthright citizenship in the United States is enshrined in the Fourteenth Amendment to the Constitution. Ratified in the aftermath of the Civil War, the amendment was designed to ensure equal civil rights for freed slaves and to guarantee that all children born in the U.S. have the same legal rights. The amendment explicitly states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
The U.S. Supreme Court has consistently upheld this principle, affirming that children born on U.S. soil are U.S. citizens, regardless of their parents’ immigration status.
Is the Executive Order Constitutional?
No. Constitutional amendments cannot be altered or nullified through an executive order. The Fourteenth Amendment’s guarantee of birthright citizenship is deeply embedded in U.S. constitutional law, and any attempt to modify it would require a constitutional amendment—a process that necessitates approval by two-thirds of both houses of Congress and ratification by three-fourths of the states.
The American Civil Liberties Union (ACLU), along with 22 states, has already filed lawsuits challenging the legality and implementation of the executive order. The lawsuits argue that the executive order is an unconstitutional overreach of presidential authority. For more details about the ACLU’s legal action, visit this link.
Conclusion
This executive order raises significant legal and constitutional questions and has already triggered widespread opposition and legal challenges. Birthright citizenship has been a cornerstone of American civil rights and immigration policy for over 150 years, and any attempt to alter it is likely to face intense scrutiny and resistance in the courts and beyond.