WASHINGTON, USA — President Donald Trump signed an executive order on Monday, January 20, 2025, seeking to eliminate birthright citizenship for children of undocumented immigrants born in the United States, a move that challenges a constitutional guarantee enshrined for more than 150 years.
The order, titled “Protecting the Meaning and Value of American Citizenship,” is expected to face swift legal challenges.
It would take effect on February 19 and aims to deny U.S. citizenship to babies born to mothers who are either in the country unlawfully or residing temporarily.
“That’s a big one,” Trump said from the Oval Office after signing the document, asserting that his administration has “very good grounds” to defend the policy in court.
“People have been wanting to do this for decades.”
A Radical Reinterpretation
The move represents an extraordinary shift in the interpretation of the 14th Amendment, which guarantees that “all persons born” in the United States “are citizens of the United States and of the State wherein they reside.”
Legal experts anticipate a significant constitutional battle, as the amendment has long been understood to grant citizenship to nearly all individuals born on U.S. soil.
The executive order targets two specific groups of newborns: those born to mothers unlawfully in the country whose fathers are not U.S. citizens or permanent residents, and those born to mothers in the U.S. temporarily on work, student, or tourist visas, also with non-citizen or non-resident fathers.
The language of the order also excludes queer and nonbinary couples, defining parents as “male and female biological progenitors.”
Implications for Families
Critics argue that the policy could create chaos for families and leave countless infants in legal limbo.
Wendy Cervantes, an immigration policy expert at the nonprofit Center for Law and Social Policy, warned of dire consequences during a call with reporters last week.
“Any attempt to undermine birthright citizenship through executive order would be unprecedented and, even if stopped by the courts, would still harm newborn babies, denying them access to the health care and supports that are so critical in the early years,” Cervantes said.
“A repeal of birthright citizenship would ultimately make it harder for every family, including non-immigrants, to establish their new baby’s citizenship.”
Under the order, babies denied U.S. citizenship could also be denied Social Security numbers and birth certificates, essential documents for securing health care, identification, and passports.
Without these, families could face significant obstacles navigating government systems, travel, and everyday life.
Broader Immigration Agenda
The executive order is part of a broader suite of immigration measures announced on Trump’s first full day in office, delivering on his campaign promise to reduce immigration and enforce deportations more rigorously.
Legal experts predict that the birthright citizenship order will be swiftly challenged in federal court, potentially reaching the Supreme Court. The case could set a precedent for interpreting the 14th Amendment in the modern era.
As the debate unfolds, the order has already sparked heated discourse over the balance of executive power, constitutional interpretation, and the potential human cost of such policies.
