Photo Credit: AP Photo/Ben Curtis
What’s Happening
On his first day back in office, President Trump immediately signed multiple executive orders pushing discriminatory immigration policies. One of these orders seeks to end birthright citizenship—a constitutionally protected right for anyone born in the U.S.—for children of immigrants who are in the U.S. unlawfully or on a temporary visa, such as a work, student, or tourist visa.
The Fourteenth Amendment
Under the Fourteenth Amendment, anyone born in the U.S. is automatically considered a citizen at birth, regardless of their parent’s immigration status or national origin. The amendment was originally ratified in 1868 to extend citizenship to formerly enslaved people and grant them equal rights and protection under the Bill of Rights.
Trump’s Executive Order
President Trump’s executive order unconstitutionally declares that birthright citizenship does not automatically apply to children of immigrants when:
- That person’s mother was unlawfully present in the U.S., and the person’s father was not a U.S. citizen or lawful permanent resident at the time of said person’s birth; or
- That person’s mother’s presence in the U.S. was lawful but temporary, and the person’s father was not a U.S. citizen or lawful permanent resident at the time of said person’s birth.
The order also states that the policy “shall apply only to persons who are born within the U.S. after 30 days from the date of this order,”—meaning it would not affect children born before Feb. 19, 2025.
Upholding the Constitution
The president does not have the executive authority to unilaterally override the Constitution. Any amendments to the Constitution require a lengthy legal process, including a two-thirds vote in the House and Senate and a ratification by three-fourths of the states.
While the Supreme Court has the authority to review and uphold executive orders, it has historically confirmed the right to birthright citizenship. In 1898, the Supreme Court confirmed the Fourteenth Amendment’s guarantee of citizenship to anyone born in the U.S. regardless of their parent’s immigration status in the landmark United States v. Wong Kim Ark case.
Lawsuit Against the Administration
Attorneys general from at least 22 states, including California Attorney General Rob Bonta, filed a lawsuit challenging President Trump’s attempt to repeal birthright citizenship. The lawsuit calls on the Supreme Court to “immediately block [the] order from taking effect and ensure the rights of American-born children impacted by this order remain in effect while litigation proceeds.”
Several immigrants’ rights advocates, including the ACLU and Legal Defense Fund, have also filed lawsuits to force the Supreme Court to review whether the executive order is unconstitutional.
Attack on Fundamental Rights
The Fourteenth Amendment was enacted to ensure the fundamental rights guaranteed in the Constitution are extended to all children born in the U.S.—no matter what. President Trump’s executive order is a direct attack on that right.
Overturning birthright citizenship for certain groups would directly threaten the health, safety, and well-being of countless children. Without citizenship, these children would be denied their basic rights and would lose access to vital services and programs that are afforded to other children. They would also be at risk of deportation despite being born and living their entire life in the U.S.
It also sends a message that certain individuals are less deserving of citizenship, perpetuates anti-immigrant rhetoric, and sets a dangerous precedent for stripping citizenship from other groups.
Sources: ACLU, State of California Department of Justice
CAIR’s Stance on Birthright Citizenship
CAIR-LA is dedicated to challenging discriminatory immigration policies under the Trump administration and defending birthright citizenship as essential to American identity and law.
“President Trump’s executive order on birthright citizenship is unconstitutional. The U.S. has a long history of passing discriminatory immigration laws, and this recent move by the Trump administration highlights the reality that this sentiment still exists.
“In 1898, Wong Kim Ark successfully challenged his citizenship status in front of the Supreme Court, reaffirming his fundamental right under the Fourteenth Amendment. Just as he stood up for his rights nearly 130 years ago, our state and legal partners will continue to challenge these unconstitutional actions by the new administration.”
– Amina Fields, Esq., CAIR-LA Immigrants’ Rights Senior Managing Attorney
Immigration Legal Services
CAIR’s immigration department offers high-quality, free legal immigration services to individuals and families, including adjustment of status, asylum, naturalization, and more.
If you are affected by this executive order, please contact your local CAIR office.
Sources: ACLU, AP News, National Archives, State of California Department of Justice, The White House
