In The News: Is Eliminating Birthright Citizenship Legal?
In January 2025, President Donald Trump issued Executive Order 14160, titled "Protecting the Meaning and Value of American Citizenship," aiming to end birthright citizenship for children born in the United States to non-citizen parents. This executive action has ignited extensive legal debates and challenges, questioning its alignment with the U.S. Constitution.
Background on Birthright Citizenship: Birthright citizenship is enshrined in the Fourteenth Amendment of the U.S. Constitution, which states: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States." Historically, this clause has been interpreted to grant automatic citizenship to nearly all individuals born on U.S. soil, regardless of their parents' immigration status. The landmark 1898 Supreme Court case, United States v. Wong Kim Ark, affirmed this interpretation, establishing a precedent that has stood for over a century...Until now.
Executive Order 14160 and Its Provisions: Signed on January 20, 2025, Executive Order 14160 seeks to reinterpret the Citizenship Clause of the Fourteenth Amendment. The order stipulates that individuals born in the U.S. will not be granted automatic citizenship if:
· Their mother was unlawfully present in the U.S., and the father was neither a U.S. citizen nor a lawful permanent resident at the time of birth.
· Their mother was in the U.S. on a temporary visa (e.g., student, work, or tourist visa), and the father was neither a U.S. citizen nor a lawful permanent resident when the child was born.
Legal Challenges and Court Rulings: The executive order faced immediate legal opposition. Multiple lawsuits were filed by states, civil rights organizations, and advocacy groups, arguing that the order violates the Fourteenth Amendment. Federal judges in various jurisdictions, including Washington, Maryland, New Hampshire, and Massachusetts, issued preliminary injunctions blocking the enforcement of the order. For instance, U.S. District Judge John C. Coughenour described the order as "blatantly unconstitutional."
Supreme Court Involvement: The Trump administration appealed these injunctions, seeking to have the restrictions on birthright citizenship take effect while legal battles continued. The Supreme Court has been petitioned to allow parts of the executive order to proceed during ongoing litigation.
Legal Perspectives on Eliminating Birthright Citizenship: Many legal scholars overwhelmingly contend that ending birthright citizenship through an executive order is unconstitutional. The Fourteenth Amendment's clear language and longstanding judicial interpretations support the principle of jus soli, or right of the soil. Professor Gerald Neuman of Harvard Law School emphasizes that the Constitution grants citizenship to those born on American soil, irrespective of their parents' status, and that a president lacks the authority to alter this constitutional provision unilaterally. The Brennan Center for Justice also asserts that President Trump's executive order directly conflicts with the plain language of the Fourteenth Amendment and over a century of Supreme Court precedent. They predict that the order will face significant legal challenges and is unlikely to withstand judicial scrutiny.
Potential Consequences of Eliminating Birthright Citizenship: Analyses warn of severe repercussions if birthright citizenship were revoked. The UCLA Latino Policy and Politics Institute highlights that such a move could lead to increased statelessness, legal uncertainty, and social instability, affecting millions, particularly within Latino communities.
Conclusion: The attempt to eliminate birthright citizenship through Executive Order 14160 has sparked significant legal and constitutional debates. Given the explicit language of the Fourteenth Amendment and established Supreme Court rulings, the consensus among legal experts is that such a change would require a constitutional amendment rather than an executive directive. And as legal proceedings continue, the future of birthright citizenship remains a pivotal issue in the broader discourse on immigration and constitutional rights in the United States.