Instead of passing a new Constitutional amendment to change the Fourteenth Amendment to stop automatic citizenship of babies on US soil, even if the parents are not citizens and they are in the US illegally, Trump aims to reinterpret a clause in the amendment to no longer apply to large numbers of people that it used to.
A coalition of 18 states sued Trump and federal agencies in US District Court in Massachusetts, claiming the order violates the Constitution. Immigrant and civil rights advocates, including the American Civil Liberties Union, also filed a lawsuit.
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Amidst an onslaught of executive orders that President Donald Trump issued on his first day back in the White House was one ending automatic citizenship for U.S.-born children of immigrants in the country illegally, fulfilling a vow he made during his campaign.
“The federal government will not recognize automatic birthright citizenship for children of illegal aliens born in the United States. We are also going to enhance vetting and screening of illegal aliens,” said a Trump official in a briefing on Monday.
On Tuesday, a coalition of 18 states sued Trump and federal agencies in U.S. District Court in Massachusetts, claiming the order violates the Constitution. Immigrant and civil rights advocates, including the American Civil Liberties Union, filed a lawsuit against the order almost immediately Monday evening.
Birthright citizenship is enshrined in the 14th Amendment to the U.S. Constitution. Can Trump just change it?
Can Trump end birthright citizenship with an executive order?
That depends on how the legal battle(s) shake out.
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An attempt to change the existing amendment can only be done through a new constitutional amendment, which requires either a joint resolution passed by two-thirds of both the House of Representatives and the Senate, or a convention called by Congress in response to two-thirds of state legislatures requesting one.
However, Trump’s order doesn’t change the wording. Instead, it attempts to reinterpret a clause in the amendment to no longer apply to large numbers of people that it used to.
The Citizenship Clause of the Fourteenth Amendment states, simply: “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.” Previously, “subject to the jurisdiction thereof” was interpreted by the U.S. Supreme Court to mean that children of “citizens or subjects of foreign states” were not eligible for citizenship. Under Trump’s order, this would now also include people born in the U.S.:
- When that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or
- When that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under a Visa Waiver Program or on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
“Denying citizenship to U.S.-born children is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values. Birthright citizenship is part of what makes the United States the strong and dynamic nation that it is,” Anthony D. Romero, executive director of the American Civil Liberties Union, said in a statement. “This order seeks to repeat one of the gravest errors in American history, by creating a permanent subclass of people born in the U.S. who are denied full rights as Americans.”
Even Trump previously admitted the executive order might not work. In a wide-ranging interview with NBC’s “Meet the Press” last month, he talked about his desire to mass deport huge numbers of people in the country illegally and said he planned to ban “birthright citizenship” through executive order on his first day in office “if we can.
“We’ll maybe have to go back to the people,” he said. “But we have to end it. We’re the only country that has it, you know.”
Currently, 65 countries have some form of birthright citizenship and 33, including the U.S., have unrestricted birthright citizenship, according to worldpopulationreview.com,
When would birthright citizenship end under Trump’s executive order?
According to the order, it would apply to people born in the United States after 30 days from Monday, Jan. 20, 2025.
Is Trump’s executive order ending birthright citizenship retroactive?
No, although Trump may also issue further orders in the future.
Would ending birthright citizenship affect Barron Trump?
Social media posts wondering if the executive order would also kick the president’s son Barron out of the country have gone viral since November, along with concerns about three more of Trump’s five children. Don Jr, Ivanka and Eric were all born before their mother Ivana became a U.S. citizen in 1988.
Since Trump was a U.S. citizen at the time of all of his children’s births, the changes to birthright citizenship would not apply.
Would ending birthright citizenship affect Kamala Harris?
The executive order is not retroactive and is not seeking to remove existing citizenship status.
However, under Trump’s order, someone born in the same circumstances that former Vice President Kamala Harris was born in after February 19, 2025, might not be a naturalized U.S. citizen.
Harris was born in 1964 in Oakland, California to parents from Jamaica and India. Her birth certificate does not note her parents’ citizenship status at the time, Reuters reported. If neither of them were citizens at her birth, then under this order she would not have been a citizen either.
What is birthright citizenship?
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MANY OF THESE PREGNANT WOMEN ARE WELL DRESSED ALL HAVE CELL PHONES ALL CLAIMED TO HAVE PAID COYOTES THOUSANDS OF DOLLARS- ITS A TOTAL VIOLATION OF THE CONSTITUTION TO KNOWINGLY WITH :”INTENT”CARRY AN IMPREGNATED WOMEN OVER THE BORDER TO CLAIM CITIZENSHIP-
“Subject to the jurisdiction thereof” implies allegiance to no other country but the United States. Illegal aliens who remain such, who have never taken the necessary steps to become naturalized citizens, have no allegiance to the U.S. If the mother of the child is an illegal alien when the child is born, then the baby is not a citizen of the United States. The 14th Amendment granted citizenship to slaves who were brought to this country against their will, and guaranteed them the same rights as citizens. I believe this clause has been twisted in meaning from its original intent… Read more »
The secret woids is “…and subject to the jurisdiction thereof…” which are ignored by liberals. Illegal aliens in America are no more “subject” as are anyone in the entire rest of the world. Liberals, ignoring the key phrase, are simply bastardizing the amendment for their own ends.
The 14th amendment was a civil war creation. The birth-right issue was for slaves impregnated by slave-owners to have an off-spring that was born as a free citizen and NOT as a slave. Random travelers have no standing to its application.