Legal Challenge Mounts Against Trump's Executive Order on Birthright Citizenship

Created: JANUARY 26, 2025

Multiple states and organizations have initiated legal action against the Trump administration following an executive order aiming to restrict birthright citizenship for children born to undocumented immigrants. The order, signed by President Trump, seeks to redefine the 14th Amendment's citizenship clause, asserting that it does not automatically grant citizenship to those born to parents without legal status or those on temporary visas.

The lawsuit, brought forth by 18 states and other jurisdictions, contends that the President lacks the constitutional authority to alter or nullify a constitutional amendment through an executive order. They argue that the order will inflict immediate and irreversible harm on the affected children and their families. The suit highlights the potential for thousands of children born after the order's effective date to be deemed stateless and deportable, losing access to essential federal services and their fundamental rights as citizens.

President Trump signing an executive order

The order specifically targets children born to parents residing in the U.S. illegally or those present on temporary visas like student, work, or tourist visas. The administration maintains that the 14th Amendment's citizenship clause was never intended to cover these situations.

The plaintiffs emphasize the far-reaching consequences of this policy change, suggesting that children who would have been considered citizens just days before the order took effect will now face a precarious legal status. They argue that the order will deny these children the right to work, vote, serve on juries, and participate fully in American society.

President Trump displaying a signed executive order

Among the plaintiffs are several Democratic-led states, along with the city and county of San Francisco and Washington, D.C. The American Civil Liberties Union (ACLU) has also filed a separate lawsuit challenging the executive order, arguing that it violates congressional intent and established Supreme Court precedent. Additional lawsuits have been initiated by other states as well.

The White House has responded to the legal challenges, stating its readiness to defend the order in court. A spokesperson characterized the lawsuits as an extension of resistance from the political left and affirmed the administration's commitment to advancing the President's agenda.

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