New Trump Executive Order Cuts Birthright Citizenship

January 22, 2025 | By: Navdeep Meamber

Historically, birthright citizenship is a core tenet of U.S. immigration and constitutional law. However, on January 20, 2025, President Donald Trump signed an Executive Order, titled "Protecting the Meaning and Value of American Citizenship," aiming to end birthright citizenship for certain children born in the United States. Primarily, the executive order requires children born in the United States to have at least one parent who is a lawful permanent resident or United States citizen at the time of the child's birth in order to be granted U.S. citizenship.

Multiple states and civil rights organizations predicted and prepared to actively oppose the new executive order. The American Civil Liberties Union (ACLU), along with a number of other organizations, filed a joint lawsuit against the EO. Additionally, eighteen states immediately filed a lawsuit arguing that the executive order oversteps the abilities of the office of the President, and violates the 14^th amendment, which grants the right of citizenship to children born in the country. Since then, more states have joined the legal battle, with the current number resting at twenty-four. The lawsuits are also requesting the courts to issue a preliminary injunction preventing the administration from going forward with the change while the courts make a final decision regarding the executive order.

The courts have previously ruled in favor of the 14^th amendment; however, it is uncertain how they will rule in this case. Chugh, LLP's immigration team will continue to monitor the situation and provide updates as they become available.