On the day of his inauguration, President Trump made an alarming announcement: he intends to get rid of birthright citizenship through an executive order. This decision is unconstitutional and directly challenges the long-standing interpretation of the 14th Amendment. Now, the Trump administration is taking the fight to the Supreme Court, asking the justices to limit those rulings and allow the policy to move forward.
Understanding Birthright Citizenship
Birthright citizenship was established after the Civil War to grant citizenship to former enslaved people and their children. The 14th Amendment makes it clear that anyone born on U.S. soil is a full citizen, regardless of their race or background.
The Constitution says: “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.”
For over 150 years, birthright citizenship helped shape the United States as a nation of immigrants. It stands for equality and opportunity—values that are key to being American
What Would the Executive Order Do?
President Trump’s executive order tries to strip this constitutional right away from certain children born in the U.S. It targets two specific groups:
- Children whose mothers are unlawfully present in the U.S. and whose fathers are not U.S. citizens at the time of birth
- Children born to mothers who are lawfully but temporarily in the U.S., if the fathers are neither U.S. citizens nor lawful permanent residents.
Such a significant shift in policy cannot be overlooked. The effects would be far-reaching, potentially creating a group of stateless children. This executive order directly targets all foreign nationals and immigrants, many of whom may have already started their immigration process. This is a blanketing policy affecting millions and shifting the founding values of the United States.
A Dangerous Precedent
The Trump administration’s argument hinges on a fringe legal theory that claims the 14th Amendment’s guarantee of birthright citizenship has been misinterpreted for over a century. They argue that the phrase “subject to the jurisdiction” of the U.S. means that children of undocumented immigrants should not automatically receive citizenship. This view has been widely rejected by legal scholars and multiple court rulings, yet Trump’s team is now trying to get the Supreme Court to entertain the idea.
Bypassing the 14th amendment is blatantly unconstitutional. Courts in Maryland, Massachusetts, and Washington have issued nationwide injunctions, preventing the order from taking effect.
Despite these setbacks, the Trump administration is pushing forward. On Thursday, it filed emergency appeals asking the Supreme Court to scale back the lower courts’ rulings. Instead of directly arguing the constitutionality of the policy, the administration is focusing on what it calls the “epidemic” of nationwide injunctions that block its executive orders from being enforced.
If the Supreme Court sides with Trump, it could allow the executive order to apply to people not covered by the current lawsuits. This would create legal chaos, leaving many families uncertain about their children’s citizenship status.
What happens next?
The Supreme Court will likely move quickly to set a briefing schedule, meaning responses from those challenging the order could be due within days. If the justices agree to hear the case, the ruling could have enormous consequences for immigrant families across the U.S.
This legal battle is about more than just birthright citizenship. It’s about whether a president can override the Constitution with an executive order. Trump’s latest move is yet another attack on immigrant communities, but it’s also an attack on the fundamental principles of American democracy.
For all his talk about “Making America Great,” Trump is attacking an American value that has been clear for over a century: if you’re born in the U.S., you’re a citizen. In the years ahead, McEntee Law Group will remain dedicated to protecting your rights and making sure families are treated fairly. This temporary block is a step in the right direction, but we will keep working hard to defend justice and the rights of everyone born in the U.S.
If you or someone you know is concerned regarding the policy changes happening, make sure to stay informed: Know Your Rights.
