Eleanor Finch
On his first day in office, President Donald Trump signed an executive order to end birthright citizenship for babies of undocumented immigrants, claiming that the 14th Amendment of the Constitution did not automatically extend American citizenship to anyone born in the United States. The 14th Amendment states that 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. This principle was confirmed by the 1898 Supreme Court case United States v. Wong Kim Ark, which clarified that children born in the U.S. to immigrant parents are citizens, regardless of their parents' immigration status. Trump's executive order has been blocked by federal courts and is currently being reviewed by the Supreme Court.
| Characteristics | Values |
|---|---|
| Date of the executive order | 20 January 2025 |
| Issuer of the executive order | President Donald Trump |
| Aim of the executive order | To end birthright citizenship for babies of undocumented immigrants |
| Constitutional amendment required to end birthright citizenship | 14th Amendment |
| House of Representatives vote required to end birthright citizenship | Two-thirds |
| Senate vote required to end birthright citizenship | Two-thirds |
| US states approval required to end birthright citizenship | 3/4ths |
| Number of states that sued the federal government over the executive order | 18 |
| Number of babies born to unauthorised immigrant parents in 2016 | 250,000 |
| Number of US citizens born to unauthorised immigrant parents in 2022 | 1.2 million |
| Number of federal judges who said the executive order violated the 14th Amendment | 3 |
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What You'll Learn
The Fourteenth Amendment
Despite this longstanding legal precedent, there have been recent efforts to end birthright citizenship. On his first day in office, President Donald Trump issued an executive order aimed at ending birthright citizenship for babies of undocumented immigrants. This order has faced immediate legal backlash, with multiple states and immigrant rights groups filing lawsuits challenging the order's constitutionality. Lower courts have issued injunctions blocking the implementation of the order, and the Supreme Court is now set to hear arguments on the case.
Most legal scholars and observers agree that the Fourteenth Amendment explicitly endorses jus soli citizenship (or "right of the soil") and that repealing birthright citizenship would require a constitutional amendment, which would be extremely difficult to achieve. Ending birthright citizenship is also opposed by a majority of the American public, according to polls.
In conclusion, the Fourteenth Amendment is a cornerstone of American civil rights, guaranteeing birthright citizenship for all children born within the jurisdiction of the United States. While there have been attempts to restrict or end this practice, these efforts face significant legal, political, and public opposition.
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The Supreme Court
During the Supreme Court proceedings, Justice Sonia Sotomayor, a liberal, expressed concern over the potential impact of the order on thousands of children who could be born without citizenship, rendering them stateless. She also asserted that the executive order violated four Supreme Court precedents. Justice Elena Kagan, another liberal justice, challenged the argument presented by Solicitor General D. John Sauer, suggesting that it would prevent the Supreme Court from ruling on the executive order's constitutionality.
While the Supreme Court's eventual ruling on this matter is yet to be determined, the case has sparked protests and debates over the interpretation of the Fourteenth Amendment and the fundamental rights it guarantees.
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Legal challenges
The executive order ending birthright citizenship has faced numerous legal challenges, with critics arguing that it is unconstitutional and profoundly dangerous. The order, signed by President Donald Trump, seeks to deny citizenship to children born to undocumented immigrants or those on temporary visas.
The main legal challenge to the executive order centres on the interpretation of the Fourteenth Amendment to the United States Constitution. The Amendment states that "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." This principle, known as jus soli or "right of the soil," has been a part of the Constitution since 1868 and was adopted to protect the citizenship rights of children born in the country, particularly the descendants of slaves.
Legal scholars and critics of the executive order argue that the President does not have the unilateral authority to override or amend the Constitution and that only a constitutional amendment could alter birthright citizenship. They contend that the executive order violates the constitutional right to birthright citizenship, which has been a cornerstone of American civil rights and a clear principle of US law for over a century.
Several lawsuits have been filed in federal courts across the country, with states like New York and coalitions of civil liberties organisations challenging the executive order. These lawsuits seek to invalidate the order and prevent any actions taken to implement it, arguing that it is a blatant violation of the Constitution and will harm American children.
Federal courts have issued preliminary injunctions, temporarily halting the implementation of the executive order. Judges have emphasised the importance of upholding the constitutional rights of American citizens and their families, and some have expressed concern over the potential repercussions of allowing a President to unilaterally change citizenship rights.
The Supreme Court is now set to consider the case, and it will ultimately decide on the legality of the executive order. However, most legal scholars believe that the President does not have the power to unilaterally change the law in this area.
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Trump's executive order
On 20 January 2025, President Trump issued Executive Order 14160, which aimed to deny citizenship to babies born to undocumented immigrants. The order stated that no department or agency of the US government should issue documents recognising US citizenship to persons whose mothers were unlawfully present in the US and whose fathers were not US citizens or lawful permanent residents at the time of birth. Alternatively, if the mother's presence in the US was lawful but temporary, and the father was not a US citizen or permanent resident, then the child would not be granted citizenship.
However, most legal scholars and courts disagree with the interpretation, stating that Trump cannot end birthright citizenship with an executive order. Eighteen states sued the federal government over the executive order, and the US Supreme Court will soon weigh in on the matter.
The attempt to restrict birthright citizenship is seen by some as unconstitutional, unnecessary, impractical, counterproductive, and contrary to American values. Supporters of birthright citizenship point out that it has been the law for over a century and that eliminating it would create a "permanent subclass of people born in the US who are denied full rights as Americans."
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The future of birthright citizenship
Birthright citizenship, also known as jus soli or "right of the soil," is a legal principle enshrined in the Fourteenth Amendment of the U.S. Constitution. It guarantees that "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." This interpretation was affirmed by the Supreme Court in the 1898 case of United States v. Wong Kim Ark, establishing that children born in the U.S. to immigrant parents are citizens regardless of their parents' immigration status.
President Trump's executive order seeks to end birthright citizenship for babies born to undocumented immigrants and certain foreign residents. The order argues that the Fourteenth Amendment was never intended to extend citizenship universally to everyone born within the United States, particularly children of non-citizens who are in the country unlawfully. However, this interpretation has been rejected by courts and legal scholars, who maintain that birthright citizenship has been a clear principle of U.S. law for over a century.
The implications of ending birthright citizenship are significant. While supporters argue that it will deter illegal immigration, critics point out that it would create a subclass of people born in the U.S. who are denied full rights as Americans. Additionally, concerns have been raised about the potential for children to become stateless if their parents' home countries do not recognize them as citizens.
In conclusion, the future of birthright citizenship in the United States is currently in flux, awaiting the Supreme Court's decision. The outcome will have significant implications for the interpretation of the Fourteenth Amendment and the civil rights of those born in the United States.
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Frequently asked questions
No, an executive order ending birthright citizenship is not constitutional. The 14th Amendment to the US Constitution establishes the principle of birthright citizenship, and courts have upheld this interpretation for over a century.
The 14th Amendment states that "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."
On his first day back in office in January 2025, President Trump signed an executive order ending birthright citizenship, claiming that the 14th Amendment did not automatically extend citizenship to anyone born in the US. He argued that the amendment was meant only to grant citizenship to the children of people who were enslaved before the Civil War.
President Trump's executive order has been blocked by multiple lawsuits and injunctions across the country. Eighteen states have sued the federal government over the order, and the US Supreme Court is set to weigh in on the matter.
Ending birthright citizenship could create a "permanent subclass of people born in the US who are denied full rights as Americans." It could also potentially increase the number of unauthorized immigrants in the country, as their children would not automatically be granted citizenship.
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