Birthright Citizenship In the USA – Will Trump Impose More Restrictions With An Executive Order?

The President of the United States, Donald Trump, issued an executive order that targets birthright citizenship in the USA. President Trump had tried issuing the order in the last week of 1st term as well.

The Policy of Birthright Citizenship grants citizenship to anyone born in the USA. It doesn’t matter if their parents are citizens of the USA or not. Throughout his first term, President Donald Trump has been speaking about his intentions to put an end to birthright citizenship.

Executive Order 14160 Proposed During Trump’s Second Term

During President Donald Trump’s second term, starting in January 2025, significant executive actions aimed at ending the longstanding policy of birthright citizenship in the United States were introduced.

The order challenges the Citizenship Clause of the 14th Amendment, which historically grants citizenship to all persons born or naturalized in the United States, regardless of parental status.

Here is a snapshot of the timeline of the proposed change

January 20, 2025

• President Trump signs Executive Order 14160 (“Protecting the Meaning and Value of American Citizenship”).
• Directs agencies to deny citizenship to children born in the U.S. if their parents are undocumented or only temporarily present.

February–March 2025

• Federal lawsuits filed by civil rights groups and state attorneys general.
• Courts issue nationwide injunctions, blocking the order from taking effect.

April–May 2025

• Lower courts reaffirm injunctions, citing the 14th Amendment and Wong Kim Ark precedent.
• Rulings state that the President cannot unilaterally change constitutional rights.

June 27, 2025

• Supreme Court rules in Trump v. CASA:
  • Limits nationwide injunctions, saying lower courts can only block enforcement for named plaintiffs.
  • Does not rule on the constitutionality of EO 14160.

July–September 2025

• The Trump administration petitions the Supreme Court for a full review of the order’s constitutionality.
• Multiple lawsuits remain active in lower courts.
• The EO is still legally blocked from broad enforcement.
• Supreme Court may decide whether to hear direct constitutional arguments about EO 14160. This could determine the future of birthright citizenship in the U.S.

Current Status

As of late September 2025, the executive order remains legally blocked from enforcement, pending Supreme Court review expected in the coming months.

This issue marked a dramatic shift and challenge to over 150 years of constitutional birthright citizenship jurisprudence during the Trump administration’s second term.

If further updates or final rulings emerge, they will significantly affect U.S. citizenship law and immigration policy.

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What Is Birthright Citizenship In The USA?

The Birthright Citizenship in the USA is guaranteed in the 14^th Amendment to the US Constitution and under which it states that:

“all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.”

• This policy grants citizenship by birth to anyone born in the USA
• Citizenship is granted regardless of the nationality of her/his parents
• Birthright citizenship is provided by at least 30 countries
• Most of these nations lie in the Western Hemisphere

Check out 37% of Americans Favour Changing the Constitution to End ‘Birthright Citizenship’

Birthright Citizenship In The USA – Counter Arguments

There have been several counter-arguments over the citizenship by birthright stating the misinterpretation of the 14^th Amendment of the US Constitution.

• They argue that the Clause for Citizenship under the 14^th Amendment has been misinterpreted
• This amendment intended to ensure that slaves were properly treated and recognized as a citizen of the USA
• According to them, this law is being misused when children of illegal immigrants are granted citizenship by birth automatically
• Besides, several people travel to this nation just to give birth there
• This will grant their children birthright citizenship in the USA

How Trump Has Been Working To Issue The Executive Order Against Birthright Citizenship?

The President has been speaking on the executive order to put an end to birthright citizenship since the beginning of his presidential term.

• It was first proposed in 2016 during his presidential campaign
• It was on his agenda to take the necessary steps to stop this practice
• In 2018 the idea was revived and he said he would soon sign an executive order to bring about a change to birthright citizenship
• However, no steps were taken immediately
• In 2019 the Trump administration stated once again that measures to end birthright citizenship were being seriously considered
• The decision was again not implemented
• The issue has been taken up by the Trump administration once again recently

Decisions Implemented By The Trump Administration?

The campaign of Donald Trump for his first term as President focused mainly on how he planned to restrict immigration both illegal and legal. He has imposed several policies to do so once he started his term in the presidential office.

Some of the policies imposed by the Trump administration include the following.

• Policies that limit asylum seekers
• Orders that separate migrant children from their families
• Policies that have tremendously cut short the number of refugees
• ‘Birth Tourism ‘Order in January 2020
• This order restricts visa applications for pregnant women
• This was done to restrict those women who were traveling to the USA to give birth

Besides the above-mentioned ones, some of the additional policies and reforms introduced by the Trump administration are:

• Regulatory steps and reforms on China
• Reforms added to the H-1B work visa
• This adds more rules and regulations for international employees to come and work in the USA
• The aim is to provide more job opportunity to the Americans
• Two major steps implemented recently to cut short the price of prescription drugs

Issuing Executive Order On Citizenship By Birth – What Can Be Expected?

If the Executive Order on restricting Birthright Citizenship is issued by the Trump administration they are well aware that the decision will be challenged immediately in court.

However, government officials have set their hopes on getting a ruling on whether citizenship by birthright is protected under the 14^th Amendment of the US Constitution.

The courts have never put forth a definitive rule in this regard even though several legal experts and lawmakers have put forth their argument that birthright citizenship is protected.

To resolve this matter permanently the Supreme Court will have to put forth their decision regarding the 14^th Amendment.

Even in the event where this order happens to be removed by the Biden-led government or fails on a legal basis it is likely to have an undesirable and discouraging influence on those who seek to go to the USA.

President Trump is more than likely to implement an executive order against birthright citizenship in the USA before leaving his office. Whether this decision will stand or be revoked is something that we’ll have to wait and watch in the coming days and months.

Also See

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