On Monday, President Donald Trump unveiled a sweeping immigration crackdown that includes an executive order reinterpreting the long-standing principle of birthright citizenship, a cornerstone of U.S. law since the adoption of the 14th Amendment in 1868.
Trump’s order declares that individuals born in the United States will not be entitled to automatic citizenship if their mother was in the country unlawfully or temporarily and their father was not a U.S. citizen or lawful permanent resident.
This reinterpretation directly challenges the Citizenship Clause of 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.” Critics argue that Trump’s order misinterprets the clause’s reference to “jurisdiction,” which has traditionally been understood to include children born to parents without legal status in the U.S.
Eighteen Democratic-led states and Washington, D.C., swiftly filed lawsuits to block the order, claiming it violates the Constitution, oversteps presidential authority, and conflicts with existing immigration laws. Advocacy groups have joined the legal challenge, with many emphasizing that changes to birthright citizenship would require a Constitutional amendment, a process unlikely to succeed in today’s political climate.
Trump’s move is the most direct effort yet to curb birthright citizenship, which has been a focal point of his broader immigration agenda. The legal disputes that follow will determine whether his interpretation reshapes the definition of American citizenship—or falters under judicial scrutiny.
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