Trump Administration’s Executive Order to End Birthright Citizenship Sparks Controversy

By Rachel Wei, Esq.

On his first day in office, President Trump signed a controversial executive order aimed at ending birthright citizenship for children born in the United States to undocumented immigrants or individuals with temporary lawful presence, such as tourists or students. This sweeping move directly targets approximately 150,000 children born annually in the United States and has ignited widespread debate and legal challenges.

What is the Argument?

The Trump administration argues that the Citizenship Clause of the 14th Amendment does not guarantee citizenship to children born to non-citizens. They claim that the original intent of the Amendment was to exclude undocumented immigrants and individuals with temporary legal status.

However, the overwhelming majority of legal scholars and constitutional experts refute this interpretation. They point to the landmark 1898 Supreme Court decision in United States v. Wong Kim Ark, which unequivocally established that children born on U.S. soil to non-citizen parents are entitled to American citizenship under the 14th Amendment. Wong Kim Ark, born in San Francisco to immigrant parents, was denied reentry to the U.S. after visiting China, as officials claimed he wasn’t a U.S. citizen. In a landmark 1898 decision, the Supreme Court upheld his citizenship under the 14th Amendment, establishing that individuals born in the U.S. are citizens regardless of their parents’ immigration status. This precedent has long been regarded as a cornerstone of U.S. citizenship law and is widely viewed as binding constitutional doctrine.

Legal Challenges Ahead

The executive order has already faced significant legal opposition. Twenty-two (22) Democratic-led states, the District of Columbia, and numerous civil rights organizations have filed lawsuits challenging the order, asserting that it violates the 14th Amendment and U.S. constitutional law.

The Citizenship Clause, a foundational element of the Constitution, guarantees birthright citizenship to all individuals born on U.S. soil, regardless of the immigration status of their parents. Legal experts contend that no executive action or legislation can override this constitutional guarantee.

Broader Implications

If upheld, the executive order could have far-reaching consequences, impacting the rights and futures of countless families and children. It raises broader questions about the balance of power between the executive branch and the judiciary, as well as the enduring strength of constitutional protections. Many fears that such a precedent could erode other long-standing rights protected by the Constitution.

Standing Up for Justice

At Oliver-Zhang Law, we remain steadfast in our commitment to defending the rights and dignity of all individuals, regardless of their immigration status. We believe that every person deserves fair treatment under the law and will continue to fight for justice in the face of such challenges.

If you or someone you know is affected by immigration-related issues or needs guidance on how these potential changes may impact them, we are here to help. Please don’t hesitate to reach out to us at (202) 643-1110 or [email protected] for personalized support. Our doors are open, and our commitment to seeking justice for all remains unwavering.