Birthright citizenship is the principle that grants automatic U.S. citizenship to individuals born on American soil, regardless of their parents’ immigration status. This right 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.”
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 U.S. to non-citizen parents. The order sought to reinterpret the Fourteenth Amendment’s Citizenship Clause, asserting that individuals born to undocumented immigrants or those on temporary visas should not automatically receive U.S. citizenship.
What happens now?
This executive action faced immediate legal challenges. Multiple lawsuits were filed, arguing that the order violated the Constitution. Federal judges responded by blocking the order’s implementation. For instance, U.S. District Judge John Coughenour in Seattle issued a temporary restraining order, labeling the executive order as “blatantly unconstitutional.” Similarly, U.S. District Judge Deborah Boardman in Maryland granted a nationwide preliminary injunction, emphasizing that the order conflicted with the plain language of the Fourteenth Amendment and contradicted longstanding Supreme Court precedent.
These judicial interventions underscore the checks and balances inherent in the U.S. legal system. While the executive branch can propose changes to immigration policy, such actions are subject to judicial review to ensure they align with constitutional principles. As of now, birthright citizenship remains intact, but ongoing legal battles may influence its future interpretation and application.
For individuals concerned about their citizenship status or the potential implications of these legal developments, seeking knowledgeable legal guidance is advisable. Legal professionals can provide guidance tailored to specific situations and help individuals who are concerned about their rights more effectively navigate the complexities of U.S. immigration law.