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Do you think the executive order ending birthright citizenship will be overturned by the courts? [1]
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Date: 2025-02-10
In a recent episode of Nuance, we talked about the fight over birthright citizenship. It’s something that guarantees citizenship to nearly every child born on U.S. soil, as enshrined in the 14th Amendment of the U.S. Constitution. However, this long-standing right is now under threat from an executive order issued by White House occupant Donald Trump, which seeks to end this right for children born to non-citizens who are in the country either temporarily are are undocumented.
Trump's recent executive order seeks to redefine the parameters of birthright citizenship in the United States. According to the order, beginning thirty days after its signing on January 20, 2025, children born in the U.S. will not automatically be granted citizenship unless at least one of their parents is a U.S. citizen or lawful permanent resident. This marks a significant shift from the long-standing interpretation of the Fourteenth Amendment, which has historically granted citizenship to nearly all children born on U.S. soil regardless of their parents' nationality or immigration status. Common exceptions to birthright citizenship typically include children born to foreign diplomats or enemy soldiers stationed in the United States, as they are not considered "subject to the jurisdiction" of the U.S. These exceptions are based on the principle that the U.S. does not have legal authority over them due to diplomatic immunity or similar legal protections.
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. — 14th Amendment to the U.S. Constitution
A president's ability to influence constitutional amendments through executive orders is inherently limited. The 14th Amendment's clear wording has been interpreted over decades to include almost all children born on U.S. soil in the citizenship clause. However, Trump's executive order has been challenged in the courts, deemed by many as an overreach of executive power, directly contradicting established constitutional law. Lawsuits have been filed and this order has been blocked by multiple federal judges but that doesn’t mean Trump has lost.
I believe, the administration's approach seems aimed at bypassing traditional constitutional amendments by challenging the interpretation of "subject to the jurisdiction thereof" found in the 14th Amendment. This strategy likely hinges on escalating the matter through the courts to reach the Supreme Court, where the current conservative majority might be sympathetic to a reinterpretation. This could potentially alter the landscape of citizenship in the United States without the need for a constitutional amendment, relying instead on judicial interpretation.
This move also raises alarming questions about its implications for other groups, such as Native Americans, who were only granted citizenship by an act of Congress in 1924, not by birthright. The audacity of challenging such a fundamental aspect of American law underscores a disturbing shift toward more exclusionary policies, which is deeply troubling. It is unsettling that we are even debating the legitimacy of birthright citizenship.
Do you think the executive order ending birthright citizenship will be overturned by the courts?
Watch the discussion on this episode of Nuance
Additional:
Breaking down the Birthright Citizenship executive order
Judge blocks Trump's bid to restrict birthright citizenship
22 states sue to stop Trump's order blocking birthright citizenship
Trump's attempt to end birthright citizenship would overturn more than a century of precedent
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