On January 20, 2025, President Donald Trump signed Executive Order 14156, titled “Protecting the Meaning and Value of American Citizenship,” aiming to redefine birthright citizenship in the United States. The order seeks to deny automatic citizenship to children born on U.S. soil if neither parent is a U.S. citizen or lawful permanent resident. Specifically, it targets two scenarios:

 

1. Children born to mothers unlawfully present in the U.S. and fathers who are neither U.S. citizens nor lawful permanent residents.
2. Children born to mothers in the U.S. on temporary statuses (e.g., student, work, or tourist visas) and fathers who are neither U.S. citizens nor lawful permanent residents.

 

The order was set to take effect on February 19, 2025, applying to individuals born after this date.

 

 

Legal Challenges and Judicial Response

 

The executive order immediately faced legal challenges. On January 21, 2025, attorneys general from 22 states filed a lawsuit to halt its implementation, asserting that it violates the Fourteenth Amendment’s Citizenship Clause, which grants citizenship to all individuals born in the U.S., regardless of their parent’s immigration status. The American Civil Liberties Union (ACLU) also filed a lawsuit, emphasizing that the order is unconstitutional.

On January 23, 2025, U.S. District Judge John Coughenour in Seattle issued a temporary restraining order blocking the executive order, describing it as “blatantly unconstitutional.” He emphasized that birthright citizenship is a well-established legal principle protected by the Fourteenth Amendment.

 

Historical Context and Legal Precedent

 

The concept of birthright citizenship, or jus soli (“right of the soil”), is enshrined in the Fourteenth Amendment, ratified in 1868. The Citizenship Clause states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” The U.S. Supreme Court, in the 1898 case United States v. Wong Kim Ark, affirmed that children born in the U.S. to foreign parents are citizens by birth, solidifying the interpretation of the Citizenship Clause.

 

Implications for Immigration Law

 

If upheld, the executive order would represent a significant shift in U.S. immigration policy, potentially creating a class of individuals born in the U.S. without citizenship. This could lead to increased legal complexities concerning residency, employment, and social services for those affected. However, given the immediate legal challenges and the temporary restraining order, the future of this policy remains uncertain.

 

Conclusion

 

As the situation develops, it is crucial for individuals and families potentially impacted by this executive order to stay informed and seek legal counsel. Our firm is closely monitoring the legal proceedings and is prepared to assist clients in understanding and navigating the implications of this evolving policy landscape. If you need immigration counsel, please do not hesitate to contact our firm by calling 703.348.1663.  To receive immigration updates, please follow us on social media and subscribe to our YouTube channel.  

 

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