Why Trump’s 2025 Birthright Citizenship Order Faces Legal Hurdles

On January 20, 2025, President Donald Trump signed Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship.” The White House+3Wikipedia+3AILA+3

Key Provisions of the Executive Order:

• Denies U.S. citizenship to children born in the U.S. if:
  • The mother is unlawfully present or on a temporary visa (e.g., student, tourist).
  • The father is neither a U.S. citizen nor a lawful permanent resident.
• Applies to births occurring on or after February 19, 2025. Wikipedia

Trump’s Rationale:

• Aims to curb “birth tourism” and illegal immigration.
• Argues that the 14th Amendment’s phrase “subject to the jurisdiction thereof” excludes children of non-citizens and undocumented immigrants. The White House+3Wikipedia+3American Immigration Council+3

Legal Challenges and Supreme Court Involvement:

• Multiple federal courts have blocked the order, citing potential violations of the 14th Amendment.
• The Supreme Court is set to hear arguments on the case, focusing on:
  • The constitutionality of the executive order.
  • The scope of federal judges’ authority to issue nationwide injunctions. ReutersThe Washington Post+4Reuters+4The Wall Street Journal+4

Constitutional Considerations:

• The 14th Amendment states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens.”
• The 1898 Supreme Court case United States v. Wong Kim Ark affirmed that children born in the U.S. to immigrant parents are citizens, regardless of their parents’ immigration status.
• Legal experts widely view the executive order as conflicting with established constitutional interpretations. The White House+2BBC+2American Immigration Council+2American Immigration Council+1Time+1

Path to Amending Birthright Citizenship:

• Altering birthright citizenship would likely require a constitutional amendment.
• This process necessitates:
  • Approval by two-thirds of both the House and Senate.
  • Ratification by three-fourths of state legislatures.
• Given the political and legal challenges, such an amendment appears improbable in the near future.

Conclusion:

• President Trump’s executive order has reignited debates over birthright citizenship.
• However, constitutional protections and legal precedents present significant obstacles to its implementation.