President Trump Seeking to End Birthright Citizenship in the U.S.

On January 20, 2025, President Trump issued Executive Order (EO) 14160 “Protecting the Meaning and Value of American Citizenship,” which would deny citizenship to babies born from a mother who was unlawfully present in the United States and where the father was not a U.S. citizen or lawful permanent resident (LPR) at the time of the baby’s birth, or when the baby’s mother’s presence in the United States at the time of the baby’s birth was lawful but temporary (such as visiting the United States under the Visa Waiver Program (i.e., ESTA) or visiting on a student, work, or tourist visa) and the father was not a U.S. citizen or LPR at the time of the baby’s birth. The order said it would “apply only to persons who are born within the United States after 30 days from the date of this order.”

Background

President Trump is seeking to end birthright citizenship in the United States, a nearly 160-year-old practice guaranteed by the 14th Amendment to the U.S. Constitution, which grants citizenship to anyone born on U.S. soil. The United States is among dozens of countries, mostly in the Americas, that grant unconditional birthright citizenship to anyone born in its territory.

The Trump administration’s argument for ending birthright citizenship relies on the clause “subject to the jurisdiction thereof” in the 14th Amendment, which states: “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.” The administration claims that children born to undocumented immigrants, or to foreigners who are in the country legally but on temporary visas, are not “subject to the jurisdiction” of the United States and therefore not citizens.

Legal Challenges to the Executive Order

As of February 13, 2025, four federal district court judges in Massachusetts, Maryland, Washington, and New Hampshire have issued nationwide preliminary injunctions preventing its enforcement, one of whom called Trump’s order “blatantly unconstitutional.”

More than 20 states have filed lawsuits in federal court arguing that the president has no authority to change or override a constitutional amendment. Civil rights groups and expectant parents have brought similar legal actions.

While Trump’s executive order would not strip citizenship from children already born in the United States before it takes effect, its implementation would affect millions of immigrants if they have children after February 19, 2025. The case against Trump’s order could ultimately reach the U.S. Supreme Court, but may take several months or even years to progress through lower courts.