On January 20, 2025, President Donald Trump signed an executive order titled “Protecting the Meaning and Value of American Citizenship,” aiming to end birthright U.S. citizenship for certain children born on or after February 20, 2025.
The order specified that children born in the United States would not be granted citizenship if their mother was either unlawfully present or lawfully present on a temporary basis, and their father was neither a U.S. citizen nor a lawful permanent resident. This directive instructed federal agencies to withhold citizenship documentation for such children born after the specified date.
The principle of birthright citizenship is rooted in the 14th Amendment of the U.S. Constitution, which states that all persons born in the United States and subject to its jurisdiction are citizens. This was affirmed by the Supreme Court in the 1898 case of United States v. Wong Kim Ark, which held that a child born in the U.S. to noncitizen parents is automatically granted citizenship. The Immigration and Nationality Act (INA) further codified this understanding.
In response to the executive order, multiple lawsuits were filed by immigrant rights groups, pregnant women, and several states, arguing that the order violated the 14th Amendment.
On January 23, 2025, U.S. District Judge John Coughenour in Seattle issued a temporary restraining order, preventing the enforcement of the executive order. He described the order as “blatantly unconstitutional.”
Subsequently, on February 5, 2025, U.S. District Judge Deborah Boardman in Maryland issued a nationwide preliminary injunction against the executive order. She emphasized that citizenship is a vital right protected by the 14th Amendment and that the court would not support the administration’s interpretation. This injunction ensures that the executive order remains suspended pending a full legal review.
The Department of Justice has indicated plans to appeal these rulings, asserting that the 14th Amendment has been historically misinterpreted and that children of noncitizens are not “subject to the jurisdiction” of the U.S. However, both Judge Coughenour and Judge Boardman, along with numerous legal experts, uphold that the 14th Amendment guarantees birthright citizenship regardless of parents’ immigration status.
This legal battle underscores the ongoing debate over birthright citizenship in the United States and highlights the judiciary’s role in interpreting constitutional principles.
HSD Immigration Lawyer will continue to monitor and share additional updates related to birthright citizenship.
Contact one of our offices in Chicago, IL, Naperville, IL, Raleigh, NC, or Clark, NJ, for additional information about this recent announcement and for questions related to citizenship applications. At HSD Immigration Lawyer, we specialize in complex employment-, investment- and family-based immigration matters.