The recent executive order signed by President Donald Trump aims to end the decades-old policy of birthright citizenship, which automatically grants U.S. citizenship to anyone born in the nation, regardless of parental immigration status. This move has sparked immediate and widespread legal challenges from advocacy groups and Democratic state attorneys general across the United States.

On January 20, 2025, shortly after taking office, Trump issued an executive order that specifically targets children born to parents who are not legally present in the U.S. or are in the country on temporary visas. The order not only questions the interpretation of the 14th Amendment but also seeks to prevent federal agencies from recognizing such children as U.S. citizens. The American Civil Liberties Union (ACLU) has already filed a lawsuit, claiming that the order contradicts the Constitution by attempting to deny citizenship to U.S.-born children, which “is not only unconstitutional — it’s also a reckless and ruthless repudiation of American values,” according to ACLU Executive Director Anthony D. Romero.

Legal experts across the board have weighed in, asserting that Trump's move conflicts with the well-established constitutional principle that has guaranteed citizenship at birth for over 150 years. The 14th Amendment clearly states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” This principle, rooted in justice after the Civil War, was further solidified by the Supreme Court case Wong Kim Ark, which affirmed that children born in the U.S. to immigrant parents are citizens regardless of their parents' immigration status.

In response to Trump's order, Democratic attorneys general from 22 states and two cities have filed lawsuits seeking to block its implementation. New Jersey Attorney General Matthew Platkin stated, “The president cannot undo a right written into the Constitution with a stroke of his pen.” Their argument emphasizes that birthright citizenship is a cornerstone of American democracy and reflects the nation's immigration history.

While Trump's order reflects a long-standing campaign promise to reshape American immigration policy, the legal fallout is expected to be extensive. California Attorney General Rob Bonta explicitly condemned the order during a press conference, framing it as “a terrifying tone to set for his second term.” The judicial responses will ultimately determine the legality of Trump's directive amid growing concerns of creating a subclass of stateless individuals.

Experts assert that completely undermining birthright citizenship through executive action is improbable; attempts to reinterpret the 14th Amendment in this manner have been met with skepticism by most legal scholars. Furthermore, any effort to change the Constitution itself would require broad political support – a challenging feat given the current divides. As lawsuits unfold, they will navigate the courts, eventually possibly reaching the Supreme Court, where interpretations of constitutional law will be tested under the current administration.

As a nation with a complex history regarding immigration and citizenship, Trump's latest order has reignited a national conversation regarding the rights of individuals born on U.S. soil and the fundamental values of American identity.

For more information, please refer to the coverage on AP News and The Hill.