Trump Challenges Birthright Citizenship: A Controversial Executive Order
President Donald Trump’s executive order ending birthright citizenship in the U.S. has sparked legal challenges and concern among immigrant families. The decision challenges the long-standing 14th Amendment, which for over 160 years has guaranteed automatic citizenship to anyone born on U.S. soil.
The order seeks to deny citizenship to children born to undocumented immigrants or those with temporary visas. It applies to births from February 19, 2025, onward, without retroactive effect.
The U.S. is one of about 30 countries, mostly in the Americas, that grant citizenship by birth. In contrast, many nations in Asia, Europe, and Africa follow « jus sanguinis » (right of blood), where nationality is based on parentage rather than birthplace.
John Skrentny, a sociology professor at the University of California, San Diego, highlights the historical complexity of birthright citizenship in the U.S., noting that the 14th Amendment was originally adopted to secure the rights of freed slaves.
Shortly after the order’s announcement, 22 Democratic-led states, along with San Francisco and the District of Columbia, filed a lawsuit against the federal government. A legal setback followed when Judge John Koffner temporarily blocked the order, calling it “blatantly unconstitutional.”
Legal experts widely agree that a president cannot unilaterally revoke birthright citizenship. Any modification to the 14th Amendment would require a two-thirds majority vote in Congress and approval from three-quarters of U.S. states. Meanwhile, the legal battle continues, with expectations that the Supreme Court may ultimately decide the matter.