The Inauguration Of Donald J. Trump As The 47th President

A presidential executive order seeks to redefine U.S. citizenship. On his first day in office, President Trump issued an order challenging the long-held constitutional principle of birthright citizenship, a right established over 150 years ago.

The order directs federal agencies to deny birthright citizenship to children born to undocumented parents. This also extends to children born to parents in the U.S. on temporary visas (work, student, or tourist), where neither parent is a U.S. citizen or permanent resident. This could affect the issuance of passports, social security numbers, and certificates of citizenship. Implementation is slated for February 19th, unless otherwise legally challenged.

Swift legal action followed. A coalition of immigrant rights organizations filed a lawsuit, aiming to block the order in a New Hampshire federal court, arguing it violates the Constitution. This was followed by similar lawsuits from 22 Democratic-led states, Washington D.C., and San Francisco in federal courts in Seattle and Boston.

Here’s what to know about Trump’s order:

Who would the executive order impact?

The order would prevent citizenship for children born after February 19, 2025, without at least one U.S. citizen or lawful permanent resident parent.

Automatic citizenship would be denied to children born in the U.S. to undocumented mothers unless the father is a U.S. citizen or lawful permanent resident. The same applies to children of mothers on temporary visas if the father is not a citizen or permanent resident.

An estimated 150,000 children are born annually in the U.S. to undocumented parents, according to a lawsuit, potentially rendering them deportable and stateless, without the rights afforded by U.S. citizenship.

What documents would be denied?

The order affects documents typically issued to U.S. citizens at birth: passports (Department of State), social security cards (Social Security Administration), and certificates of citizenship (U.S. Citizenship and Immigration Services). The order instructs agencies to develop guidelines to withhold these documents.

This could also affect access to benefits such as food assistance (Department of Agriculture) and healthcare (Department of Health and Human Services).

The order does not directly impact the issuance of state-issued birth certificates.

When does the order go into effect?

Federal agencies have 30 days (until February 19th) to create guidelines for citizenship denial. The order applies only to births on or after that date. Legal challenges could delay or completely halt implementation.

Does Trump have the power to do this?

The order depends on courts overturning established legal precedent regarding the 14th Amendment: “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 order interprets “subject to the jurisdiction thereof” to exclude those on temporary visas or without authorization.

Legal experts argue this contradicts longstanding legal interpretations.

The 14th Amendment, created after the Civil War, was intended to protect the citizenship of formerly enslaved people.

Legal scholars contend the amendment’s language is broad and that the intended exception (“subject to the jurisdiction thereof”) primarily applied to children of foreign diplomats with immunity. This interpretation was intentionally narrow.

Birthright citizenship is constitutionally guaranteed and settled law, according to legal scholars. The Trump administration’s interpretation ignores both the text and historical context of the 14th Amendment. The legal battle is expected to reach the Supreme Court.

“`