On his first day back in office, President Trump announced an executive order seeking to end birthright citizenship for certain children born in the U.S. Under this order, a child would be denied citizenship at birth if their father is not a U.S. citizen or lawful permanent resident and their mother is either undocumented or has a temporary status in the U.S. The order also directs federal agencies to refuse to recognize these children as U.S. citizens, barring agencies from issuing citizenship documents to affected children and prohibiting agencies from accepting state or local documents affirming their citizenship.
Who is Affected—and Who is Not
The executive order does not revoke citizenship from anyone who already has it. Instead, it applies to children born within the U.S. starting 30 days after January 20, 2025, the date the order was issued. Anyone who was granted U.S. citizenship at birth before the order takes effect will remain a citizen, regardless of their parent’s immigration status at the time of their birth. This means that individuals born in the U.S. to undocumented parents or those on temporary visas before the date that the order comes into effect will not be affected.
A Legacy of Harm: The Immediate and Intergenerational Impact
Trump’s executive order would inflict immediate, long-term, and intergenerational harm on children denied citizenship and their families. A lawsuit filed by 18 states, the District of Columbia, and the city and county of San Francisco warns that the order would deny citizenship to more than 150,000 children born in the U.S. each year. In 2022 alone, an estimated 153,000 children were born to two undocumented parents, but the true impact of ending birthright citizenship is even broader. The order also targets children whose parents have Temporary Protected Status (TPS) or are in the U.S. on student or work visas, dramatically increasing the number of families affected.
Without U.S. citizenship, these children would face an uncertain legal status, making them vulnerable to deportation, exploitation, and abuse. Many of these children would be left stateless, without the rights, protections, or belonging that citizenship provides. Denying children citizenship or other lawful status could also block their access to critical federal benefits like nutrition assistance, health insurance, and other life-saving programs, compromising their ability to grow up healthy, safe, and secure.
The harm caused by this executive order also extends far beyond the children it directly affects. Ending birthright citizenship, a fundamental right enshrined in the Constitution, would have profound and lasting consequences for our democracy and society. Research has found that ending birthright citizenship could dramatically increase the population of undocumented people in the United States over time. Children denied citizenship would pass their uncertain legal status to future generations, creating a legally and socially disadvantaged class of millions of people who lack basic rights. Despite being born in the United States, along with their parents and grandparents, these individuals would be unable to vote, access critical services, or fully participate in civic life.
An Unconstitutional Attack on the Rights of All Americans
This executive order is not only unconstitutional, it is a direct threat to the rights of all U.S. citizens. The Fourteenth Amendment of the U.S. Constitution grants citizenship to everyone who is born or naturalized in the U.S. and subject to its jurisdiction. For over a century, the Supreme Court has upheld this fundamental right, affirming in an 1898 ruling that it applies to the children of noncitizens. This order defies that legal precedent and attempts to strip away a constitutional protection that has long been settled law.
Any attempt to sidestep the Constitution and deny fundamental rights to a specific group should concern all Americans. If the government can ignore birthright citizenship when it comes to the children of immigrants, what is to stop it from disregarding other constitutional protections? Weakening one part of the Constitution weakens all of it—eroding the very foundation of our democracy and the rights we all depend on.
Legal Challenges and a Temporary Block on Enforcement
The executive order is already facing significant legal challenges and has been temporarily blocked by federal judges. Attorneys general from 22 states, the District of Columbia, the city of San Francisco, and civil rights groups including the ACLU have filed lawsuits challenging the order as unconstitutional. Just three days after the order was announced, a U.S. District Court judge in Seattle called the executive order “blatantly unconstitutional” and issued a temporary restraining order to halt its enforcement. Two other federal judges have issued orders blocking the executive order since then. If the rule of law prevails, this order will eventually be struck down altogether because it is illegal.
Every child born in the United States deserves the full rights and protections of citizenship in the only country they have ever called home. Illegally denying children their constitutional right to citizenship would harm children, families, and communities across the country, weakening the social fabric of our nation.
Author
Trudy Taylor Smith, Esq.
Senior Administrator of Policy and Advocacy
This document is intended to provide general information and does not constitute legal advice.