On Jan. 20, 2025, his first day in office, President Donald Trump issued Executive Order 14160, ending the longheld promise of birthright citizenship. Specifically, the order stated that children born in the United States to a mother who was unlawfully present and a father who was a lawful permanent resident or not a United States citizen would not be guaranteed citizenship.
While district and circuit courts have continually blocked this order and continued to provide citizenship to those protected by the 14th Amendment, this issue has risen to the United States Supreme Court, and is currently under deliberation. Under the court case dubbed Barbra v. Trump, different facets of the ACLU have argued to continue to uphold birthright citizenship.
Historically, the idea of citizenship was reaffirmed in United States v. Wong Kim Ark, a 1898 court case, which directly states that children born to immigrant parents in the United States are citizens.
“All of us born in this country are Americans, as guaranteed by the 14th Amendment. That is the principle we defended before the United States Supreme Court today,” said Cecillia Wang, ACLU national legal director.
Since the beginning of Trump’s presidency, he’s made it clear that his administration will focus heavily on immigration, seen in the immigration ‘crackdown’ and the recent Operation Metro Surge, which targeted the city of Minneapolis and neighboring city St. Paul. Moreover, the presence of ICE agents in multiple cities such as Los Angeles, Portland and Chicago has been a recent complication, and another aspect of Trump’s anti-immigration focus.
His fixation on birthright citizenship is just another facet of his regime, and although many predict that the Supreme Court will rule against Trump, the reality of this attempt is brutal. Unprecedented consequences would arise if Trump were able to go through with his executive order. In just 2023, almost 300,000 children were born in the United States to undocumented parents, and received citizenship. Trump’s intentions could upend the lives of millions of Americans and their families.
Not only this, but the discussion of citizenship stems in a history of racism and white supremacy. In the 1857 decision of Dred Scott v. Stanford, it was ruled that enslaved people were not considered citizens, a decision based in racism and the United States’ profit off of enslaved individuals. The issue has persisted throughout time, and even after the 14th Amendment, people of color have continually had to fight for equal rights and treatment.
Trump’s Administration is driving the United States further back in history, and reliving times that people fought so desperately to move on from. Opposition from citizens is so prevalent at times like these, and will continue to be necessary.
