Birthright citizenship—one of the bedrocks of American democracy—just survived its first major attack in Trump’s second term. In a bold move, President Trump signed an executive order to end birthright citizenship for children born to non-citizen parents. But just three days later, the courts fired back, calling his order ‘blatantly unconstitutional’ and blocking it before it could take effect. So, what exactly happened, and why is this fight about much more than just legal jargon? Let’s break it down.
During an interview, President Trump revealed his intention to end birthright citizenship via executive order.
As part of his 2024 presidential campaign, Trump renewed his commitment to ending birthright citizenship, promising to take action on his first day back in office. His pledge reignited debates over the Constitution’s Citizenship Clause.
True to his word, on his first day of his second term, President Trump signed an executive order titled “Protecting the Meaning and Value of American Citizenship.” The order sought to end birthright citizenship for children born in the U.S. to parents who are neither U.S. citizens nor lawful permanent residents.
Just days later, a federal judge in Seattle blocked the executive order, calling it “blatantly unconstitutional” and granting a 14-day temporary restraining order. The court argued that the 14th Amendment explicitly guarantees citizenship to individuals born on U.S. soil, and no president has the authority to unilaterally override the Constitution.
Trump’s executive order targeted two groups of children born on U.S. soil:
The order directed federal agencies to deny citizenship documents to individuals born under these conditions. Under Trump's order, any children born in the United States after February 19, 2025, whose mother and father are not American citizens or lawful permanent residents would be subject to deportation and would be prevented from obtaining Social Security numbers, various government benefits and the ability as they get older to work lawfully.
The legal challenge to Trump’s executive order was swift. Attorneys general from Washington, Arizona, Illinois, and Oregon argued that the president “has no authority to amend the Constitution” or override the Citizenship Clause of the 14th Amendment.
In granting the temporary restraining order, U.S. District Judge John C. Coughenour ruled that there was a “strong likelihood” that the plaintiffs would succeed in proving the order violated both the 14th Amendment and the Immigration and Nationality Act (INA). The court’s decision underscored the Constitution’s clear protections for individuals born on U.S. soil.
Despite the court ruling, Trump has promised to appeal the decision. However, as constitutional law experts point out, only the U.S. Supreme Court has the authority to reinterpret the scope of the 14th Amendment, and historical precedent heavily favors birthright citizenship. For now, the executive order remains blocked, but this legal battle is far from over.
The 14th Amendment is crystal clear: if you’re born in the United States, you are a U.S. citizen, with limited exceptions. These exceptions include children born in the U.S. to foreign diplomats or consular officers, individuals engaged in hostile activities against the U.S. during an occupation or invasion, and, historically, Native Americans born within tribal nations prior to the Indian Citizenship Act of 1924.
This principle, established over 150 years ago in the aftermath of the Civil War, remains a cornerstone of American democracy. Efforts to dismantle this fundamental right are not only unconstitutional but also a direct attack on the core values of equality and opportunity that define the American Dream.
The fight over birthright citizenship goes beyond legal interpretations—it’s about safeguarding the promise of America for future generations. As this case heads toward the Supreme Court, its outcome will set a historic precedent, shaping the future of immigration in the United States.
Stay tuned—this is just the beginning of Trump vs. Birthright Citizenship, and round one goes to the Constitution.
Temporary Restraining Order in State of Washington v. Donald Trump
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