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Federal Judge John C Coughenour blocks Trumps controversial executive order on birthright citizenship ensuring protections for children of non citizen parents Image generated by DALL E

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Legal Battles Loom as Trump’s Executive Order on Birthright Citizenship Fails

By Darius Spearman (africanelements)

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KEY TAKEAWAYS
President Trump issued an executive order to end birthright citizenship.
The order targets children born in the U.S. to non-citizen parents.
Legal challenges from several states argue the order is unconstitutional.
A federal judge has temporarily blocked the order, calling it “blatantly unconstitutional.”
The executive order has ignited widespread controversy and fear among immigrant communities.
The legal battle emphasizes the ongoing fight against systemic racism in immigration policy.

The Controversial Executive Order on Birthright Citizenship

In an unexpected move that alarmed immigrant communities, President Donald Trump issued an executive order on January 20, 2025. This order aimed to end birthright citizenship for children born to non-citizen parents in the United States. The attempt to change constitutional law sparked a storm of controversy and legal battles, unveiling the persistent xenophobia in American society.

The executive order claims the 14th Amendment excludes citizenship for U.S.-born children not “subject to the jurisdiction thereof.” It seeks to deny citizenship to children of mothers without authorization, fathers who aren’t citizens or residents, and those with temporary legal status. Also, the order defines “mother” and “father” narrowly, excluding transgender or queer parents (The 19th).

U.S. Births by Mother’s Origin (2016)

Foreign-born mothers (23%)
U.S.-born mothers (77%)
Distribution of births in the United States by mother’s origin. Source: PBS NewsHour

The Trump administration stated that the 14th Amendment never extended citizenship to all born in the U.S., which distorts history and legal precedent (White House). This false view of the law confuses affected families while catering to nativist ideas.

Legal Challenges and Constitutional Foundations

Several states, including Washington, Arizona, Illinois, and Oregon, quickly filed lawsuits against this overreach. These cases rely on the 14th Amendment, which clearly states that “all persons born or naturalized in the United States…are citizens…” (ACLU).

Plaintiffs find strength in historical Supreme Court cases supporting birthright citizenship. The United States v. Wong Kim Ark case in 1898 confirmed citizenship for children born to immigrant parents in the U.S., establishing a century-long legal foundation.

Federal Judge’s Temporary Restraining Order

U.S. District Judge John C. Coughenour blocked the executive order on January 23, 2025, calling it “blatantly unconstitutional.” This decision reminds us of the judiciary’s role in protecting constitutional rights (CBS News).

This temporary block stops the order from affecting thousands born in the U.S. to non-citizen parents, pending further legal actions. It marks an important victory in the fight against racism and xenophobia in immigration policies.

The Broader Implications of the Executive Order

Trump’s order isn’t just a misguided policy. It attacks the foundation of American citizenship. By trying to redefine who is American, the administration pushes a narrow view of national identity that ignores our diverse history.

4M
U.S.-born children with at least one unauthorized immigrant parent (2016)
275K
Births to undocumented immigrants (2014)
Data visualization of key statistics about birthright citizenship in the United States. Source: PBS NewsHour

The order’s lack of implementation guidance shows it’s meant to intimidate, not provide a clear policy. This confusion leaves many families worried, disrupting the stability and security citizenship should offer.

Understanding Birthright Citizenship and the 14th Amendment

To fully grasp this issue, it’s important to understand birthright citizenship and the 14th Amendment. Birthright citizenship means that anyone born on U.S. soil is automatically a citizen, regardless of their parents’ status. This principle comes from the 14th 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” (U.S. Constitution, Amendment 14).

What Is Birthright Citizenship?

Birthright Citizenship Icon

Birthright Citizenship: The policy that grants citizenship to anyone born on U.S. soil, even if their parents are not citizens. This is based on the principle of jus soli, meaning “right of the soil.”

The Supreme Court confirmed this principle in the 1898 case United States v. Wong Kim Ark. In that case, the Court ruled that a child born in the U.S. to immigrant parents was a citizen (Oyez: United States v. Wong Kim Ark). Therefore, Trump’s executive order challenges a long-standing interpretation of the Constitution.

The Impact on Non-Citizen Families and Marginalized Communities

This executive order would greatly affect families with non-citizen parents. Children born to these parents in the U.S. might not receive citizenship, increasing the number of undocumented people. Consequently, these children could face difficulties accessing education, healthcare, and other services (American Immigration Council: Birthright Citizenship).

Moreover, the order’s narrow definitions of “mother” and “father” ignore the realities of transgender and queer parents. This exclusion adds another layer of discrimination against LGBTQ+ families, who already face legal challenges. As a result, these families could encounter more obstacles in securing rights for their children.

Xenophobia and Systemic Racism in Immigration Policies

This executive order reflects deeper issues of xenophobia and systemic racism in immigration policies. Xenophobia is the fear or dislike of people from other countries or cultures. It often leads to discrimination and unfair treatment of immigrants (Medical News Today: What is xenophobia?).

Understanding Xenophobia

Xenophobia Icon

Xenophobia: The fear or dislike of people from other countries or cultures. It often leads to prejudice, discrimination, and unfair policies against immigrants.

Historically, immigration policies in the U.S. have sometimes targeted specific groups based on race or nationality. For instance, laws like the Chinese Exclusion Act of 1882 banned immigrants from China. Such policies have long-lasting effects on marginalized communities (History.com: Chinese Exclusion Act).

Today, the fight against such discriminatory policies continues. Advocates argue that the executive order is another example of systemic racism impacting immigration laws. Therefore, challenging this order is part of a larger movement for social justice.

The Judiciary’s Role and Legal Terms Explained

The judiciary plays a key role in protecting constitutional rights. In this case, U.S. District Judge John C. Coughenour issued a temporary restraining order to halt the executive order (CBS News: Judge temporarily blocks Trump’s birthright citizenship executive order).

Legal Terms to Know

Legal Terms Icon

Temporary Restraining Order: A court order that stops someone from doing something for a short time.

Plaintiffs: The people or groups who bring a lawsuit to court.

By stopping the order, the judge prevents immediate harm to those affected. The courts can then review the order’s legality. This shows how the judiciary can check the powers of the executive branch to ensure laws follow the Constitution.

Resistance and the Path Forward

Quick legal actions against the executive order show our democratic institutions’ strength. Civil rights advocates remain committed to protecting all Americans’ rights, regardless of background or immigration status.

Projected Unauthorized Immigrant Population

2010
11M
2050
16M
Projected growth of unauthorized immigrant population if birthright citizenship were repealed. Source: Migration Policy Institute

This legal battle is a reminder of the ongoing fight against racism and xenophobia in policies. It’s about saving birthright citizenship and reaffirming equality and justice values that define our democracy.

FAQ

Q: What was the purpose of Trump’s executive order on birthright citizenship?
A: The executive order aimed to end birthright citizenship for children born in the U.S. to non-citizen parents, arguing a narrow interpretation of the 14th Amendment.

Q: How did the executive order interpret the 14th Amendment?
A: It claimed the 14th Amendment excludes birthright citizenship for those not “subject to the jurisdiction thereof,” focusing on children of unauthorized mothers and non-citizen fathers.

Q: What legal actions followed the executive order?
A: Several states, including Washington and Arizona, filed lawsuits challenging the constitutionality of the executive order, based on the 14th Amendment and historical precedents.

Q: What was the outcome of these legal challenges?
A: U.S. District Judge John C. Coughenour temporarily blocked the executive order on January 23, 2025, calling it “blatantly unconstitutional,” preventing its implementation.

Q: What does this ruling signify for the future of birthright citizenship?
A: The ruling represents a critical victory for civil rights and challenges against systemic racism, reaffirming the constitutional principle of birthright citizenship.

Q: Why is this issue important for American society?
A: The fight against this executive order is about more than birthright citizenship; it addresses core values of equality, justice, and the inclusive nature of American identity.

ABOUT THE AUTHOR

Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching since 2007. He is the author of several books, including Between The Color Lines: A History of African Americans on the California Frontier Through 1890. You can visit Darius online at africanelements.org.