President Trump Issues Executive Order Rescinding Birthright Citizenship
Included in Trump’s initial Executive Orders on Day 1 in office is an order to prohibit birthright citizenship in the U.S., which has been enshrined in the Constitution since the adoption of the 14th Amendment in 1868, after the end of the Civil War. The text of the 14th Amendment 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.” Trump’s executive order indicates an end to this policy, starting February 19, 2025, 30 days after the order was issued. The order directs federal agencies to prohibit the issuance of citizenship documents to the following individuals:
A child whose mother is unlawfully present in the United States and the father is not a U.S. citizen or U.S. lawful permanent resident at the time of the child’s birth; and
A child whose mother is lawfully, but temporarily, in the United States, and the father is not a U.S. citizen or U.S. lawful permanent resident at the time of the child’s birth. Lawful, temporary status includes but is not limited to visitor status, student, work, or tourist visas.
As a result of this policy, children to two non-immigrants lawfully in the U.S. (H-1B, L-1, O-1, TN, etc.) would not obtain U.S. citizenship at birth, in addition to children born to undocumented parents, if neither parent is a U.S. citizen or legal permanent resident. The order is silent on how a child born to two lawful non-immigrants can evidence dependent non-immigrant status from within the U.S. without having another country’s passport, visa, or entry documents.
As of this writing, at least 18 states have already sued Trump over the order, arguing that the policy is automatic under the 14th Amendment and neither the president nor Congress have the constitutional authority to revise it. The policy will likely lead to extended litigation, ending with a decision by the U.S. Supreme Court.
