A federal judge has blocked, at least temporarily, President Trump’s executive order on Birthright Citizenship. On January 20, 2025, President Donald Trump signed Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship,” aiming to end birthright citizenship for children born in the U.S. to undocumented immigrants or those with temporary legal status, such as student or work visa holders. The order, which sought to reinterpret the 14th Amendment’s Citizenship Clause, sparked immediate legal challenges and widespread controversy.
The 14th Amendment, ratified in 1868, guarantees citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.” Legal scholars and courts have long upheld that this includes children of immigrants, regardless of their parents’ status, as affirmed in the 1898 Supreme Court case United States v. Wong Kim Ark. Trump’s order argued that the clause “subject to the jurisdiction thereof” excludes children of non-citizens who are unlawfully present or on temporary visas, a stance most experts deem unconstitutional.
Within days, multiple federal judges issued preliminary injunctions blocking the order’s implementation. On January 23, U.S. District Judge John Coughenour in Seattle called the order “blatantly unconstitutional” and issued a 14-day restraining order. By February, judges in New Hampshire, Maryland, Massachusetts, and Washington had issued similar injunctions, with rulings citing the order’s violation of the 14th Amendment and over 125 years of precedent. Lawsuits were filed by 22 states, the District of Columbia, cities like San Francisco, and civil rights groups, including the ACLU, which argued the order would create a “permanent subclass” of stateless individuals and discriminate based on parental status.On June 27, 2025, the Supreme Court, in a 6-3 decision, limited the scope of these nationwide injunctions, allowing the order to potentially take effect in 28 states that did not challenge it after a 30-day delay. However, the Court did not rule on the order’s constitutionality, and legal battles continue. The case is set for Supreme Court arguments on May 15, 2025, with most scholars predicting the order will ultimately be struck down due to its conflict with constitutional precedent.
The order, if implemented, would affect children born after February 19, 2025, denying them citizenship documents like passports and Social Security cards, potentially leaving them stateless and without access to federal benefits. Critics, including immigrant rights advocates, warn of profound social and legal consequences, while supporters argue it addresses immigration concerns. Public opinion, per a Pew Research Center survey, shows 56% of U.S. adults disapprove of the order, with disapproval highest among Black (74%) and Hispanic (70%) communities.
As the legal fight heads to the Supreme Court, the debate over birthright citizenship remains a flashpoint in U.S. immigration policy, testing the boundaries of executive power and constitutional rights.
SOURCES:
Protecting The Meaning And Value Of American Citizenship – The White House
Can Trump revoke birthright citizenship?
Birthright citizenship: What is it and can Trump end it? : NPR
Federal Court Blocks Trump Birthright Citizenship Executive Order | American Civil Liberties Union
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