What’s Birthright Citizenship? Is Donald Trump’s Executive Order On It Constitutional? Explained
Trump’s executive order specifies that for a child in the US to gain citizenship, at least one parent must be a US citizen, a legal permanent resident or a member of the US military
US President Donald Trump is trying to end birthright citizenship, the legal principle enshrined in the Constitution that automatically makes anyone born in the US as its citizen. The move was first proposed during Trump’s first term, but was not legally sanctioned.
Now, in his second term, Trump shot off a series of executive orders, including ending birthright citizenship, on January 20. But within days, the administration was hit with at least four separate lawsuits from nearly two dozen attorney generals and immigrants’ rights groups.
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On Thursday, a federal judge temporarily blocked the executive order, which had been slated to take effect on February 19. US District Judge John Coughenour called it “blatantly unconstitutional".
What Is Birthright Citizenship?
The executive order challenges the traditional interpretation of the 14th Amendment to the US Constitution, adopted in 1868 to clarify the citizenship status of formerly enslaved individuals. The amendment has been widely interpreted to grant citizenship to anyone born on US soil.
The 14th Amendment states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States."
Alongside the 13th amendment (abolishing slavery) and the 15th amendment (granting voting rights irrespective of race), the 14th amendment became a cornerstone of the Reconstruction era. It aimed to dismantle the legal framework of slavery and create a more inclusive society, redefining citizenship in a way that challenged the racial hierarchy of the time.
Who Will Not Quality For US Citizenship?
Among the categories of individuals born in the US and not subject to the jurisdiction thereof, the privilege of US citizenship does not automatically extend to persons born in the country:
1. 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
2. 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 the auspices of the Visa Waiver Program or visiting 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.
According to Trump’s executive order specifies that for a child in the US to gain citizenship, at least one parent must be a US citizen, a legal permanent resident or a member of the US military.
Why Is Birthright Citizenship Being Opposed?
Critics of birthright citizenship argue it should not apply to the children of illegal immigrants or to so-called “birth tourism," in which people travel to the US toward the end of their pregnancy to ensure their child is born a US citizen.
This interpretation was upheld in an 1898 Supreme Court decision, which ruled that a man born to Chinese immigrants with permanent residency in the US could not be denied citizenship. The amendment, which was ratified in 1868, sought to extend citizenship to formerly enslaved people after the Civil War.
What Does Trump Want To Change?
Trump’s executive order asserts that children born to parents without legal status in the US are not subject to US jurisdiction and are therefore not entitled to US citizenship.
Trump, who campaigned on cracking down on immigration, is not the first politician to call for revoking birthright citizenship.
Why Did Judge Block His Executive Order?
Judge Coughenour issued a temporary restraining order halting the enforcement of the executive order, nationwide. During a hearing in Seattle, Judge Coughenour questioned Justice Department attorney Brett Shumate, expressing his disbelief saying “Frankly, I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order. It just boggles my mind". The ruling came in response to a legal challenge brought forth by four states.
During a hearing in Seattle, Judge Coughenour questioned Justice Department attorney Brett Shumate, expressing his disbelief saying “Frankly, I have difficulty understanding how a member of the bar could state unequivocally that this is a constitutional order. It just boggles my mind". The ruling came in response to a legal challenge brought forth by four States.
According to a New York Times report, Judge Coughenour’s order marks the beginning of what will almost certainly be a long battle between the new government and the courts over Trump’s ambitious second-term agenda, which seeks to transform American institutions in ways that could be interpreted as running afoul of law and precedent. Other orders, including attempts to strip job protections from career federal employees and accelerate deportations, are also facing court challenges.
How Will This Impact Indians?
Trump had said during the election campaigns the existing birthright citizenship is being exploited, particularly by countries with high levels of immigration to the US, which includes India and China.
The executive order effectively revokes the automatic citizenship granted to children born to parents who are on temporary work visas (like H-1B) or those awaiting green cards.
As of 2024, the US had a population of over 5.4 million Indian Americans, accounting for 1.47% of the nation’s population. About two-thirds are immigrants, while 34% are US-born, according to official data.
Meanwhile, Indian immigrants, who are already facing long green card backlogs, would likely have to witness further delays if their children are no longer entitled to citizenship at birth.
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