The American Civil Liberties Union (ACLU) along with several immigrant rights organizations have initiated legal proceedings against the Trump administration over an executive order aimed at eliminating birthright citizenship for children born in the United States to undocumented parents. Filed in a New Hampshire District Court, the lawsuit argues that this policy contravenes the 14th Amendment of the U.S. Constitution. The Amendment clearly states that “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”
Historically, since the 1898 Supreme Court decision in United States v. Wong Kim Ark, this clause has been widely understood to grant citizenship to any child born on U.S. soil, regardless of the legal status of their parents. Despite this longstanding interpretation, the potential for reinterpretation cannot be ignored, particularly in light of precedents such as the 2022 Dobbs v. Jackson Women’s Health Organization ruling, which overturned the previously established constitutional right to abortion under Roe v. Wade.
The lawsuit comes amidst a backdrop of significant changes in the judicial landscape following former President Trump’s first term, during which he appointed a substantial number of federal judges, accounting for nearly a third of the current Supreme Court bench, as reported by Pew Research.
The Trump administration’s stance is rooted in their belief that the 14th Amendment only extends citizenship to those “subject to the jurisdiction” of the United States. They claim that this does not include individuals whose parents are temporarily in the country on tourist or student visas.
If the order proceeds unchallenged, it will go into effect on February 19, barring federal agencies from issuing citizenship documents for babies born to parents not lawfully present in the U.S. This executive action is part of a series of measures related to immigration policy, including the declaration of a national emergency at the southern border announced on Trump’s first day in office. Trump’s policy direction on immigration aligns with his campaign pledges to tighten controls and increase deportations, as he articulated during his victory speech in 2024.
Further updates and ongoing details about this legal challenge can be found in the original coverage by JURIST.