Proposed Executive Order Seeks to Restrict Birthright Citizenship: Legal Context and Outlook
On his first day in office, former President Donald Trump signaled a return to his signature hardline immigration stance. In a move reminiscent of his first term, he began working on a new executive order over dinner—this time aimed at curbing birthright citizenship.
The proposed order, titled “Protecting the Meaning and Value of American Citizenship,” draws attention for its overtly nationalist tone and its focus on limiting the scope of the Fourteenth Amendment’s Citizenship Clause. While the stated goal is to safeguard the significance of U.S. citizenship, the legal community widely views the move as an attempt to address what the former president has repeatedly labeled the “anchor baby” loophole used by undocumented immigrants.
The order is scheduled to take effect on February 19, 2025, and is expected to trigger significant constitutional challenges.
Background: What the Constitution Says
The Fourteenth Amendment to the U.S. Constitution 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.”
This language has long been interpreted—under the principle of Supremacy Clause and precedent—to confer citizenship to all individuals born on U.S. soil, regardless of their parents’ immigration status. The new executive order, however, takes a narrower view of “subject to the jurisdiction thereof,” interpreting it as a limiting condition that can exclude certain categories of children born in the U.S.
According to the draft order, individuals born in the U.S. will not be automatically granted citizenship if their parents fall into one of the following categories:
- Both parents were unlawfully present in the United States at the time of birth and neither held U.S. citizenship or lawful permanent residency.
- One or both parents were legally present on temporary nonimmigrant visas (e.g., student, tourist, or work visas) at the time of birth, and neither held U.S. citizenship or lawful permanent residency.
Legal Forecast: Lawsuits and Uncertainty Ahead
Numerous civil rights organizations and state governments have already vowed to challenge the proposed order in court. Legal scholars argue that a president cannot unilaterally redefine constitutional rights through executive action. Such a change would require formal constitutional amendment or legislation passed by Congress.
While the executive order is likely to be delayed—or potentially invalidated—by legal proceedings, its mere issuance may sow uncertainty and fear among immigrant communities. Even with a conservative-leaning Supreme Court, many constitutional experts believe the order would ultimately be ruled unlawful.
Final Takeaway
At Plex Law Group, we are closely monitoring developments surrounding this executive order and its potential impact on the interpretation of birthright citizenship. If enacted, this policy could reshape longstanding principles of constitutional law and redefine the future for many U.S.-born children of immigrants.
We encourage affected individuals and families to consult with experienced immigration counsel to understand their rights and options as the legal landscape evolves.
