Trump’s Push to End Birthright Citizenship: What It Means

On January 20, 2025, President Donald Trump signed an executive order aimed at ending birthright citizenship. Birthright citizenship is a right guaranteed by the 14th amendment of the United States Constitution that has granted automatic U.S. citizenship to individuals born on U.S. soil, regardless of their parents’ immigration status. This executive order has sparked significant legal challenges and debates regarding its implications for families, immigration policy, and constitutional law.

What Is Birthright Citizenship?

Birthright citizenship is guaranteed under the 14th 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 and of the State wherein they reside.”

This principle was affirmed by the landmark 1898 Supreme Court case United States v. Wong Kim Ark, which established that children born in the U.S. to foreign parents are entitled to citizenship.

What Is an Executive Order?

An executive order is a directive issued by the President of the United States to manage operations within the federal government. Rooted in the U.S. Constitution and acts of Congress, these orders have the force of law but cannot contravene existing laws or the Constitution. They are subject to judicial review and can be overturned if found unconstitutional or beyond the President’s authority.  

Historical Example: The Emancipation Proclamation

A notable example is President Abraham Lincoln’s Emancipation Proclamation, issued on January 1, 1863, during the Civil War. This executive order declared that all enslaved people in Confederate states were to be set free, marking a pivotal step toward the abolition of slavery in the United States.

Understanding the nature and historical use of executive orders provides context for current discussions, such as the proposed termination of birthright citizenship. While executive orders can effect significant policy changes, they are bounded by legal and constitutional constraints, often leading to judicial scrutiny and potential challenges.

President Trump’s Executive Order: A Legal and Political Shift

The executive order signed by President Trump seeks to reinterpret the 14th Amendment to deny automatic citizenship to children born in the U.S. to non-citizen or undocumented parents.

Key Points From the Administration’s Announcement:

• The order is part of the “America First” agenda to address “loopholes” in immigration policy.
• Trump stated, “This policy will end the abuse of our nation’s citizenship laws.”

Constitutional experts widely agree that altering birthright citizenship requires a constitutional amendment, not an executive order.

To change an existing amendment to the Constitution, the following steps are required:

• A proposal must be approved by a two-thirds majority in both the House of Representatives and the Senate.
• Alternatively, a constitutional convention can be called if two-thirds of state legislatures agree to convene one.
• Once proposed, the amendment must be ratified by three-fourths (38 out of 50) of state legislature
  

This rigorous process ensures that any changes to the Constitution reflect a strong, nationwide consensus.

‍
UPDATE (January 23, 2025)

Following President Trump’s executive order to end birthright citizenship, the American Civil Liberties Union (ACLU), along with attorneys general from 22 states, filed lawsuits challenging the order’s constitutionality. They argue that such a significant change to citizenship rights cannot be enacted through an executive order and must follow the formal amendment process as prescribed by the Constitution.  
‍
This situation underscores the importance of adhering to the established constitutional procedures for making significant changes to foundational rights and principles.

A federal judge in Seattle temporarily blocked Trump’s executive order, ruling it “blatantly unconstitutional” and reaffirming the 14th Amendment’s protections. The judge emphasized that an executive order cannot override constitutional guarantees. This ruling delays implementation but sets the stage for further legal battles.
‍
The temporary block by a federal judge underscores the legal uncertainty surrounding this policy. Experts predict the case will escalate to the Supreme Court, where the constitutionality of redefining birthright citizenship will be examined in greater depth.
‍
The judicial block offers temporary relief, but the uncertainty remains. Immigrant families are encouraged to consult legal professionals to understand how these developments may impact their rights and future.

Debunking the Myth: Birthright Citizenship and “Chain Migration”

A common misconception is that birthright citizenship encourages “chain migration,” allowing parents of U.S.-born children to immediately obtain legal residency. Here are the facts:

Reality of Sponsorship

• Age Requirement: A U.S.-born child cannot sponsor their parents for legal residency until they turn 21 years old.
• Complicated Process: Even when eligible, parents often must return to their home country to apply for a green card, which can trigger re-entry bars lasting up to 10 years. (ILRC)
• Financial Burden: The sponsoring child must meet income requirements that are set by the federal government each year through the poverty guidelines. The sponsor must also submit an Affidavit of Support, which can be challenging for young adults.

This process is neither immediate nor guaranteed, disproving the notion that birthright citizenship results in automatic legal residency for parents. In most cases, a typical family petition can take anywhere between two and ten years.

Learn more about family-based immigration options and how our experienced attorneys can assist you on our Family Immigration Law page.

Potential Implications of Ending Birthright Citizenship

If enforced, this executive order could have far-reaching consequences for families, legal frameworks, and the U.S. immigration system:

• Statelessness: Infants born to undocumented parents could be left without citizenship in any country, creating a stateless population.
• Constitutional Challenges: The executive order will likely face prolonged legal battles, given its conflict with the 14th Amendment.
• Family Instability: Families may experience increased uncertainty as legal protections for U.S.-born children are called into question.
  

For families concerned about the impact of this policy, contact Rozas to schedule a free consultation with our knowledgeable team.

Rozas: Fighting for Families in Uncertain Times

At Rozas, we are dedicated to helping families navigate complex immigration laws during times of uncertainty. Whether you need assistance understanding your rights, filing applications, or addressing legal concerns related to birthright citizenship, our team is here to help.

Why Choose Us?

• Decades of experience in immigration law.
• Personalized legal strategies tailored to your family’s needs.
• Free consultations to discuss your case.
  

Call us today or visit our website to schedule your free consultation.

Staying Updated on Policy Changes

The debate over birthright citizenship is just one of many changes to immigration policy under the Trump administration. Stay informed by following our blog and social media channels for the latest updates on immigration news and legal developments.

Resources

1. President Trump’s America First Priorities - White House
2. United States v. Wong Kim Ark Case Summary - Legal Information Institute
3. Debunking Chain Migration Myths - National Immigration Forum
4. How U.S. Citizens Can Petition Their Parents - ILRC

‍