Donald Trump has sparked controversy once again. His new executive order seeks to end birthright citizenship. The move has faced immediate backlash, with 24 states filing lawsuits against him. But can these states actually stop the president?
Trump’s order challenges a key principle in US law: the automatic citizenship of anyone born on American soil. His plan would deny citizenship to children born in the US if their mothers were in the country unlawfully or on temporary visas, and if their fathers weren’t citizens or permanent residents.
What Is birthright citizenship?
Birthright citizenship comes from the 14th Amendment, passed in 1868. It grants automatic citizenship to anyone born in the US. This change, made after the Civil War, secured rights for African Americans and reversed rulings denying citizenship to enslaved people. The principle has held strong, confirmed in the 1898 Supreme Court case, Wong Kim Ark v. United States. Wong, born to Chinese immigrants, won the right to re-enter the US based on his birthright, despite his parents’ status.
But Trump’s order challenges this by suggesting that children of undocumented immigrants don’t deserve citizenship.
The lawsuits against Trump’s order
The lawsuits came fast. The first two were filed by civil rights groups, including the ACLU, and an expectant mother just hours after Trump signed the order. Soon after, 22 Democratic-led states joined the legal battle, along with the District of Columbia and San Francisco. These lawsuits argue that Trump’s order violates the US Constitution by attempting to strip away the rights guaranteed under the 14th Amendment.
Massachusetts Attorney General Andrea Campbell said, “President Trump does not have the authority to take away constitutional rights.” If upheld, Trump’s order could affect over 150,000 children born each year in the US.
Trump’s executive order
So, what exactly does Trump’s order say? The president claims that children born to mothers who are in the US unlawfully or temporarily would not be granted citizenship. This includes women on student or tourist visas. Trump has often criticized women who come to the US specifically to give birth, so their children can become US citizens.
In a country with millions of undocumented immigrants, Trump’s order targets a large group. But even if the children of these immigrants are born in the US, Trump wants to strip away their citizenship. Critics argue that this would block them from essential services like Medicaid, and deny them the ability to work or vote when they get older.
Can Trump end birthright citizenship?
Legal experts say no. Trump cannot end birthright citizenship with an executive order. The courts will ultimately decide. As Saikrishna Prakash, a constitutional expert from the University of Virginia, explained, “This is not something he can decide on his own.“
A constitutional amendment would be needed to change birthright citizenship. However, getting that amendment passed is another challenge. A two-thirds majority is required in both the House and the Senate, and three-quarters of US states must approve it. With the current balance of power in Congress, it’s highly unlikely that such an amendment would pass.
Where do the lawsuits stand?
The lawsuits are heating up. In Massachusetts and New Hampshire, the cases are being reviewed by the 1st US Circuit Court of Appeals, which is made up entirely of Democratic appointees. In Washington, a separate case is being heard by the 9th US Circuit Court of Appeals. The courts could decide whether to issue a temporary restraining order blocking Trump’s order from going into effect.
Additionally, a fifth lawsuit was filed in Maryland by immigrant rights groups, including CASA. These lawsuits rely on the landmark 1898 Supreme Court case, Wong Kim Ark, to argue that birthright citizenship applies to all children born in the US, no matter the immigration status of their parents.
What’s next?
As the lawsuits move forward, the legal battle could go all the way to the Supreme Court. For now, Trump’s executive order is in limbo, facing opposition from multiple states and rights groups. The fight over birthright citizenship is far from over.
Trump may have sparked a legal firestorm, but it’s up to the courts to decide if his plan can override more than a century of constitutional precedent. Stay tuned for more updates as this landmark case unfolds.
