Birthright citizenship protects any child born on American soil by automatically including them as a citizen of the United States, regardless of their parents’ immigration status. For over a century, birthright citizenship has been a constitutional right, protected by the 14th Amendment and confirmed in the landmark 1898 Supreme Court case United States v. Wong Kim Ark.  

Despite its constitutionality, this essential right is now on the line for thousands of children born in the U.S. to immigrant parents.  

What Does Ending Birthright Citizenship Mean?  

On January 20, 2025, the federal government issued Executive Order 14160, stating that children born in the U.S. would not automatically receive U.S. citizenship if: 

• Both parents were unlawfully present in the country, or 

• The mother was in the U.S. lawfully but only on a temporary visa at the time of the child’s birth and the father was not a legal permanent resident or U.S. citizen. 

The executive order relies on the phrase “subject to the jurisdiction thereof” in the 14th Amendment, arguing that this language allows the federal government to limit birthright citizenship for certain children based on their parents’ immigration status. 

“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.” 

Supporters of the executive order say it is intended to address immigration enforcement objectives. However, this executive order has raised constitutional questions. Limiting citizenship for certain children born in the United States could affect access to rights and benefits tied to U.S. citizenship, including voting eligibility, lawful employment, and access to healthcare and public services. 

If this policy moves forward, it would primarily impact future newborns, born to undocumented immigrants, visa holders, asylum seekers, and others navigating the immigration system.  

Can President Trump End Birthright Citizenship? 

President Trump cannot end birthright citizenship by executive order alone. Changing the Constitution is a difficult process that requires a proposed amendment to pass two-thirds of Congress and be ratified by three-fourths of the states. 

The executive order does not propose a constitutional amendment but instead focuses on reinterpreting language in the 14th Amendment. 

Here’s the key distinction: 

• A constitutional amendment changes the actual text of the Constitution and must go through Congress and the states. 

• A reinterpretation changes how existing constitutional language is applied, often through a court decision, without changing the text itself. That’s what this executive order is trying to achieve. 

Since its signing, the order was immediately challenged in court and blocked from taking effect by federal courts. Plaintiffs argue it contradicts over a century of legal precedent, including the 1898 Supreme Court ruling in United States v. Wong Kim Ark, which affirmed that nearly all children born on U.S. soil are citizens—regardless of their parents’ immigration status. 

In December 2025, the Trump Administration asked the U.S. Supreme Court to hear the case. The Supreme Court has now agreed to review the case in Summer 2026. If upheld, the order could significantly change how birthright citizenship is applied, without formally amending the Constitution. More details to come.  

Is Birthright Citizenship in the Constitution? 

While the idea of birthright citizenship has existed since the colonial era, the U.S. Constitution originally did not define who qualified as a citizen. In 1857, the Supreme Court addressed the issue in Dred Scott v. Sandford, ruling that no person of African descent—enslaved or free—could be considered a citizen of the United States. 

This decision was overturned in 1868 by the ratification of the Fourteenth Amendment, which 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.” 

The U.S. Supreme Court later confirmed the full scope of this right in the 1898 case United States v. Wong Kim Ark, ruling that the 14th Amendment guarantees citizenship to anyone born on U.S. soil—regardless of their parents’ race or immigration status. 

Free Immigration Legal Aid 

North Suburban Legal Aid Clinic (NSLAC) provides free legal aid to community members living in Lake County and north suburban Cook County. If you or someone you know is in need of immigration legal aid, please email info@nslegalaid.org or call 847-737-4042 to schedule a consultation. NSLAC also provides free legal aid in the areas of Housing and Domestic Violence.