Trump’s Push To End Birthright Citizenship Sparks Major Legal Battles

President Trump’s executive order to end birthright citizenship for children of unauthorized immigrants has ignited fierce legal battles, challenging the long-standing interpretation of the 14th Amendment.

Key Insights

Trump’s executive order aims to end birthright citizenship as we know it today.
Multiple lawsuits, including from 22 state attorneys general and the ACLU, challenge the order’s constitutionality.
Some legal experts are divided on whether the amendment automatically grants citizenship to anyone born in the U.S.
Multiple judges have already blocked the order.
The controversy may lead to a Supreme Court clarification of the 14th Amendment’s meaning.

Trump’s Executive Order Sparks Constitutional Debate

President Trump’s recent executive order to end birthright citizenship for children of undocumented immigrants has put a spotlight on the debate over the interpretation of the 14th Amendment. The order, focusing on the “subject to the jurisdiction thereof” clause, has led to multiple lawsuits and a preliminary injunction by a federal judge. This legal battle is shaping up to be a contentious issue for the Trump administration.

The core of the debate lies in the interpretation of the 14th Amendment’s birthright citizenship clause. There are questions about whether it automatically grants citizenship to anyone born on U.S. soil, or if additional jurisdictional conditions apply. Kurt Lash, a constitutional law expert, spoke on the issue:

“Often called the birthright citizenship clause, this text actually requires more than birth to become a national citizen. One must also be born subject to the jurisdiction of the United States.”

Legal Challenges Mount

On the other hand, the executive order has faced immediate legal pushback. Twenty-two state attorneys general have filed a lawsuit to block its implementation, arguing that birthright citizenship is settled law and cannot be changed by executive order. The American Civil Liberties Union (ACLU) and other advocacy groups have also initiated legal action, highlighting cases of pregnant women without citizenship who would be affected by the order.

New Jersey Attorney General Matt Platkin strongly opposes the order, stating:

“The president cannot, with a stroke of a pen, write the 14th Amendment out of existence, period.”

So far, multiple courts have also blocked the order, with one being being US District Judge Deborah Boardman. On Wednesday, she said when delivering her ruling, “Citizenship is a most precious right, expressly granted by the Fourteenth Amendment to the Constitution.” U.S. District Judge John Coughenor in Seattle also blocked the rule on Thursday after previously blocking it temporarily in January.

US federal judge orders second nationwide pause on Trump's order seeking to end birthright citizenship for anyone born in America to someone in the country illegally, calling citizenship a "most precious right"
🔗 https://t.co/Dz5sCFLjgm pic.twitter.com/e5fCnpzVYo

— TRT World (@trtworld) February 5, 2025

White House Defends the Order

The Trump administration anticipated legal challenges when crafting the executive order. The Department of Justice argues that the order addresses “prior misimpressions” of the 14th Amendment and contends that birthright citizenship incentivizes illegal immigration. The White House is prepared to defend the order in court, framing the lawsuits as political resistance.

White House deputy press secretary Harrison Fields emphasized the administration’s stance:

“Radical Leftists can either choose to swim against the tide and reject the overwhelming will of the people, or they can get on board and work with President Trump.”

Potential Supreme Court Showdown

As lower courts grapple with the executive order, some anticipate that this controversy may ultimately lead to the Supreme Court clarifying the 14th Amendment’s meaning. The high court’s decision could have far-reaching implications for immigration policy and constitutional interpretation in the United States.

The nation watches closely as this pivotal debate unfolds. The outcome of this legal battle will not only shape the future of birthright citizenship but also test the limits of executive power in interpreting constitutional amendments.