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Executive Order Attempting to Restrict Fourteenth Amendment Birthright Citizenship

An executive order attempting to override the Fourteenth Amendment's birthright citizenship guarantee by executive fiat, blocked by every court to consider it and now before the Supreme Court.

Record summary

Grade

Grade 2 of 5: Major Abuse of Power

Executive actions that exceed constitutional authority, circumvent statutory constraints, or weaponize government institutions for political ends. Scale and definitions

Status
Ongoing
Incident date
Record updated
Location
Washington, DC
Category
Civil Rights
Legal posture
Active litigation
War-crime classification
Potential
ICC relevance
No
Sources
8 cited
Stable ID
birthright-citizenship-order
Legal basis
Fourteenth Amendment Citizenship Clause, Convention on the Rights of the Child Article 7, UDHR Article 15, Convention on the Reduction of Statelessness, ICCPR Article 24(3)
Posture note
Every court to consider the order has blocked it as unconstitutional. The Supreme Court agreed to hear the case in December 2025, with oral arguments scheduled for April 1, 2026. A ruling is expected by the end of June 2026.
Victims
Children born in the United States to parents without lawful permanent resident status, including children of visa holders, asylum seekers, and undocumented immigrants
Alleged responsible parties
President Trump

Key points

  • EO 14160 attempted to deny citizenship to babies born in the U.S. to parents without lawful permanent status.
  • Four federal district courts and two appeals courts blocked the order as unconstitutional.
  • The Ninth Circuit held the order 'invalid because it contradict[ed] the plain language of the Fourteenth Amendment.'
  • No court has accepted the administration's interpretation of the Citizenship Clause.
  • The Supreme Court agreed to hear the case, with oral arguments scheduled for April 1, 2026.

What Happened

On January 20, 2025, President Trump signed Executive Order 14160, titled "Protecting the Meaning and Value of American Citizenship," which attempted to restrict birthright citizenship for children born in the United States to parents present temporarily or without lawful status. If implemented, the order would have created a new class of people born on American soil who are not recognized as U.S. citizens -- something that has not occurred since the Fourteenth Amendment was ratified in 1868.

The Constitutional Text

The Fourteenth Amendment 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 executive order attempted to reinterpret "subject to the jurisdiction thereof" to exclude children whose parents lack lawful permanent resident status.

No federal court that has considered the order has accepted this interpretation. The Ninth Circuit Court of Appeals held the order "invalid because it contradict[ed] the plain language of the Fourteenth Amendment." Federal judges across the country described the order as "blatantly unconstitutional" and noted that the executive branch does not have the authority to "rewrite or nullify a constitutional amendment."

Court Challenges

The order has been blocked by every court to consider it:

  • Federal judges in Washington, Maryland, and Massachusetts issued preliminary injunctions
  • Two federal appellate courts upheld those injunctions
  • The ACLU obtained a nationwide class certification protecting all impacted babies

In December 2025, the Supreme Court agreed to hear the case, with oral arguments scheduled for April 1, 2026. A ruling is expected by the end of June 2026.

International Law: The Statelessness Dimension

The executive order raises serious concerns under international statelessness conventions. Many children targeted by the order would have no other nationality, as their parents may come from countries that do not grant citizenship to children born abroad. The order would thus create a class of stateless persons born on U.S. soil -- a result explicitly prohibited by the Convention on the Reduction of Statelessness.

The Convention on the Rights of the Child (Article 7) guarantees every child the right to acquire a nationality from birth. The UDHR (Article 15) recognizes the right to a nationality and prohibits its arbitrary deprivation. The ICCPR (Article 24(3)) provides that every child has the right to acquire a nationality. While the United States has not ratified the CRC, these norms are widely regarded as reflecting customary international law.

Why This Entry Is Rated Major

This publication treats the order as a major abuse of power because:

  • Constitutional override by executive fiat: The order attempted to nullify a constitutional amendment through executive action, bypassing the amendment process required by Article V.
  • Statelessness creation: If implemented, the order would create a class of stateless persons born on American soil, in contravention of international norms against statelessness.
  • Unprecedented scope: The order targeted the foundational principle of jus soli citizenship that has defined American citizenship since 1868.
  • Judicial unanimity: Every court to consider the order has rejected it, underscoring the degree to which it departed from settled constitutional law.

Current Status

The order remains blocked. The Supreme Court's decision to hear the case is significant -- not because lower courts have wavered, but because the administration has continued to press a constitutional interpretation that no court has accepted. The ruling, expected by June 2026, will determine whether birthright citizenship as understood for over 150 years remains intact.

International law engaged

InstrumentProvisionWhat it protects or prohibits
Convention on the Rights of the ChildArticle 7Right to acquire a nationality from birth
Universal Declaration of Human RightsArticle 15Right to a nationality; prohibition on arbitrary deprivation of nationality
Convention on the Reduction of Statelessness—Obligation to grant nationality to persons born in territory who would otherwise be stateless
International Covenant on Civil and Political RightsArticle 24(3)Every child has the right to acquire a nationality

Primary documents

Sequence of events

  1. EO 14160 signed on inauguration day

    Trump signed 'Protecting the Meaning and Value of American Citizenship,' attempting to restrict birthright citizenship by executive order.

  2. First federal court blocks the order

    A federal judge in Washington state issued a temporary restraining order, calling the executive order 'blatantly unconstitutional.'

  3. Additional courts issue injunctions

    Federal judges in Maryland and Massachusetts also issued preliminary injunctions blocking the order.

  4. Ninth Circuit upholds block

    The Ninth Circuit Court of Appeals held the order 'invalid because it contradict[ed] the plain language of the Fourteenth Amendment.'

  5. Supreme Court agrees to hear the case

    The Supreme Court granted certiorari, scheduling oral arguments for April 1, 2026.

Sources

  1. Protecting the Meaning and Value of American Citizenship — The White House archived ✓
  2. Executive Order 14160 — Wikipedia archived ✓
  3. Trump's Birthright Citizenship Executive Order: What Happens Next — ACLU archived ✓
  4. Supreme Court agrees to hear arguments in birthright citizenship challenge — NPR archived ✓
  5. Supreme Court agrees to hear Trump's challenge to birthright citizenship — SCOTUSblog archived ✓
  6. Breaking Down Trump's Attempt to End Birthright Citizenship — American Immigration Council archived ✓
  7. Federal Court Blocks Trump Birthright Citizenship Order, Certifies Nationwide Class Protecting All Impacted Babies — ACLU
  8. Supreme Court agrees to decide constitutionality of Trump's plan to end birthright citizenship — CBS News archived ✓

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