01/21/2025
President Trump's executive order issued on January 20, 2025, aims to end birthright citizenship for children born in the United States to undocumented immigrants. This initiative hinges on a specific interpretation of the 14th Amendment's Citizenship Clause, which 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."
The phrase "subject to the jurisdiction thereof" is central to this debate. Historically, it has been interpreted to mean that anyone born on U.S. soil, except for the children of foreign diplomats, enemy combatants, or members of sovereign Native American tribes (prior to the Indian Citizenship Act of 1924), is automatically granted U.S. citizenship. This interpretation was upheld by the Supreme Court in the 1898 case United States v. Wong Kim Ark, which confirmed that a child born in the U.S. to foreign parents who were legally domiciled and resident in the U.S. was a citizen by birthright.
However, the current administration contends that the "subject to the jurisdiction thereof" clause excludes children of undocumented immigrants, arguing that such parents have not fully consented to U.S. laws and jurisdiction due to their unauthorized status. This perspective challenges the longstanding application of the 14th Amendment and seeks to reinterpret its provisions to exclude certain individuals from automatic citizenship.
The issue, once this litigated, are arguments about interpretation of the 14th Amendment cannot be achieved through an executive order alone. Significant changes to constitutional interpretations typically require a constitutional amendment or a definitive ruling from the Supreme Court. As such, this executive order is expected to face immediate legal challenges questioning its constitutionality and adherence to established legal precedents.