Legal Challenges of US Birthright Citizenship

January 30, 2025

Birthright citizenship has recently been at the forefront of legal debates in the United States. A U.S. District judge blocked an executive order by President Trump that sought to redefine this principle. The ruling marks the ongoing struggle over citizenship rights in America.

About Birthright Citizenship

Birthright citizenship is a legal principle granting automatic citizenship to individuals born within a country.
In the U.S., this is enshrined in the 14th Amendment. Ratified in 1868, it asserts that all persons born or naturalised in the United States are citizens.
This amendment was a product of the Reconstruction era, aimed at ensuring equality and overturning previous laws that denied citizenship based on race.

The Legal Basis of the 14th Amendment

The 14th Amendment emerged from a long fight against slavery. It was designed to dismantle the legal framework supporting racial hierarchy. It works alongside the 13th Amendment, which abolished slavery, and the 15th Amendment, which granted voting rights irrespective of race. The 14th Amendment directly challenged the Dred Scott decision of 1857, which denied citizenship to African Americans.

Principles of Citizenship

Countries determine citizenship mainly through two principles – jus soli and jus sanguinis. Jus soli grants citizenship based on birthplace, while jus sanguinis grants it through familial descent. The U.S. employs both principles. The 1898 case of United States versus Wong Kim Ark reinforced jus soli by confirming citizenship for children born in the U.S. to non-citizen parents.

Trump’s Executive Order

President Trump’s executive order attempted to reinterpret the 14th Amendment. It argued that children born in the U.S. to undocumented or temporarily present parents should not receive citizenship. This interpretation claimed that such children were not “subject to the jurisdiction” of the U.S. However, this view contradicts established legal precedents.

Impact of the Executive Order

If enforced, the order would affect millions of children born to undocumented immigrants and temporary visa holders. For example, children born to Indian nationals on work visas would lose automatic citizenship. Without citizenship, these children would face barriers to accessing essential government programs such as Medicaid and SNAP.

Judicial Response and Future Implications

Judge John Coughenour blocked the executive order, labelling it blatantly unconstitutional. His ruling emphasised the clarity of the constitutional issues at stake. The case arose from a legal challenge by four states. While Trump could pursue a constitutional amendment, the matter may ultimately be decided by the U.S. Supreme Court.

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