Legal Issues Articles - Article 6 (Birthright Citizenship)

What is the legal issue?

The constitutionality of President Trump’s executive order to end birthright citizenship for children born in the U.S. to non-citizen, non-permanent resident parents under the Fourteenth Amendment.

What are the key details of the case?

• On January 20, 2025, Trump issued an executive order titled "Protecting the Meaning and Value of American Citizenship."

• The order aimed to end birthright citizenship for children of non-citizen, non-permanent residents.

• Civil rights groups and state attorneys general filed lawsuits challenging the order as unconstitutional.

• On January 23, 2025, a U.S. District Judge issued a temporary restraining order (TRO) halting its enforcement.

• The order raised concerns about its impact on Indigenous communities, given the historical complexities of Indigenous U.S. citizenship.

What is an Executive Order?

A directive issued by the U.S. President to manage federal operations. Executive orders have the force of law but are subject to judicial review

What is the Fourteenth Amendment?

A constitutional amendment ratified in 1868 that grants citizenship to all persons born or naturalized in the U.S. and ensures equal protection under the law.

What is the Citizenship Clause of the Fourteenth Amendment?

The clause 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."

What is a Temporary Restraining Order (TRO)?

A short-term court order that temporarily halts a government action or policy until a formal hearing is held.

What categories of law does this case involve?

• Constitutional Law: Concerns interpretation of the Fourteenth Amendment.

• Immigration Law: Impacts policies on birthright citizenship.

• Administrative Law: Examines presidential authority to issue executive orders.

What is the supporting legal argument for the executive order?

Supporters argue that birthright citizenship should not apply to children of non-citizens, interpreting "subject to the jurisdiction thereof" as excluding undocumented immigrants.

What is the opposing legal argument against the executive order?

• Critics argue that the order violates the clear language of the Fourteenth Amendment.

• The Supreme Court ruling in United States v. Wong Kim Ark (1898) set a precedent that children born in the U.S. to non-citizen parents are citizens.

• Many legal experts view the order as unconstitutional and likely to be struck down.

How have courts historically interpreted the Citizenship Clause concerning children born to non-citizen parents? (United States v. Wong Kim Ark (1898))

The Supreme Court ruled that a child born in the U.S. to non-citizen parents is a U.S. citizen, establishing a strong precedent for birthright citizenship.

How does this case impact Indigenous communities?

• Historically, Native Americans were not granted U.S. citizenship under the Fourteenth Amendment.

• The Indian Citizenship Act of 1924 later granted them citizenship.

• Concerns arise over whether reinterpretation of birthright citizenship could affect Indigenous sovereignty and citizenship rights.

What are some key unanswered questions about the case?

• How will courts interpret "subject to the jurisdiction thereof" in this case?

• Will Indigenous communities face unintended legal consequences?

• What legal defense will the administration use to justify the order?

What additional information is needed to assess the case?

• Further judicial rulings on the executive order.

• More analysis of historical debates over the Fourteenth Amendment’s intent.

• A comparative look at how other nations handle birthright citizenship.

What are the key legal takeaways from this case?

• The Fourteenth Amendment is a cornerstone of U.S. citizenship law and cannot be easily reinterpreted by executive order.

• Presidential power is limited—executive orders cannot override constitutional rights.

• Indigenous citizenship has a unique history, and changes to birthright citizenship could have complex effects.

• Legal challenges to executive actions are common, highlighting the checks and balances between the executive and judicial branches.

What broader legal or societal issues does this case connect to?

• Immigration and National Identity: The role of birthright citizenship in shaping American identity.

• Constitutional Interpretation: The debate between strict textualism and a more evolving constitutional approach.

• Presidential Powers vs. Judicial Review: The limits of executive authority in changing constitutional rights.

• Indigenous Sovereignty: Potential implications for Indigenous citizenship and legal status.