On Monday, January 20, 2025, Donald Trump kicked off his second term in the Oval Office and he wasted no time signing a flurry of executive order pertaining to immigration, energy and diversity, equity and inclusion. Among the dozens of executive orders donning Trump’s signature was a document threatening to restrict birthright citizenship in an unprecedented fashion.
“The Fourteenth Amendment has always excluded from birthright citizenship persons who were born in the United States but not ‘subject to the jurisdiction thereof.’ Consistent with this understanding, the Congress has further specified through legislation that ‘a person born in the United States, and subject to the jurisdiction thereof’ is a national and citizen of the United States at birth, 8 U.S.C. 1401, generally mirroring the Fourteenth Amendment’s text,’ a statement posted to the White House’s official website reads.
“Among the categories of individuals born in the United States and not subject to the jurisdiction thereof, the privilege of United States citizenship does not automatically extend to persons born in the United States: (1) when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth, or (2) when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.”
The New York native’s crusade to restrict birthright citizenship has drawn criticism throughout the country. As a result, attorney generals from 22 states and two cities have joined forces to file two separate lawsuits, in Massachusetts and Washington, aiming to halt the Florida resident’s efforts. Both lawsuits argue the second-term President’s order violates the 14th Amendment, which bestows citizenship on anyone born in the United States.
“President Trump’s attempt to unilaterally end birthright citizenship is a flagrant violation of our Constitution,” New Jersey Attorney General Matthew J. Platkin said.
“For more than 150 years, our country has followed the same basic rule: babies who are born in this country are American citizens. New Jersey is a proud state of immigrants, and we benefit tremendously from the contributions of birthright citizens—in our state and across the country. State Attorneys General have been preparing for illegal actions like this one, and today’s immediate lawsuit sends a clear message to the Trump Administration that we will stand up for our residents and their basic constitutional rights.”
Not only did two dozen states and cities elect to sue the former reality show host, but the American Civil Liberties Union (ACLU) and New Hampshire Indonesian Community Support also filed a lawsuit.
“Denying citizenship to U.S.-born children is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values,” ACLU Executive Director Anthony D. Romero said.
“Birthright citizenship is part of what makes the United States the strong and dynamic nation that it is. This order seeks to repeat one of the gravest errors in American history, by creating a permanent subclass of people born in the U.S. who are denied full rights as Americans. We will not let this attack on newborns and future generations of Americans go unchallenged. The Trump administration’s overreach is so egregious that we are confident we will ultimately prevail.”
