President Donald Trump signed an executive order on Monday aimed at ending birthright citizenship, a right enshrined in the US Constitution and affirmed by the Supreme Court over 125 years ago.
The order is part of a broader set of executive actions designed to overhaul federal immigration and border policies, many of which are expected to face significant legal challenges. In his inaugural address, Trump declared, “As commander in chief, I have no higher responsibility than to defend our country from threats and invasions, and that is what I’m going to do.”
Under the US Constitution, the 14th Amendment guarantees that anyone born on American soil is automatically a US citizen, regardless of their parents’ immigration status. It 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.”
However, Trump’s executive order directs federal agencies to stop issuing passports, citizenship certificates, and other documents to children born in the US to parents who are in the country illegally, or to mothers who are temporary visa holders and fathers who are not citizens or legal permanent residents. The order does not apply retroactively and is expected to be enforced in 30 days.
Shortly after the order was issued, the American Civil Liberties Union (ACLU) and other advocacy groups filed a lawsuit challenging the action in federal court.
Additionally, Trump invoked extraordinary presidential powers to effectively suspend US asylum laws, accusing migrants of staging an “invasion” at the southern border and threatening public health. He authorized officials to “repel, repatriate, or remove” migrants and suspend their “physical entry” into the US until he declares that the “invasion” has ceased. This far-reaching order allows the government to halt adherence to asylum law for the duration of the situation at the southern border.
