Trump’s First-Day Executive Order Sparks Controversy: Birthright Citizenship Under Threat

On Monday, January 20, Donald Trump officially returned to the White House, immediately making waves by signing around 200 executive orders, memoranda, and proclamations—setting a record for the most executive actions signed on a president's first day in office. Among the flurry of documents, one stands out for its sweeping implications: an executive order terminating birthright citizenship for certain children born in the United States.

The Executive Order: Who Loses Birthright Citizenship?

Trump’s new executive order specifies that the following categories of children born on U.S. soil will no longer automatically receive citizenship:

1. Children of Parents Illegally Residing in the U.S.

   • If the mother is in the U.S. illegally and the father is neither a U.S. citizen nor a green card holder, the child will not qualify for citizenship.

2. Children of Parents on Temporary Status

   • If the mother is legally in the U.S. on a temporary status, such as a tourist visa (B-2), student visa (F-1/M-1/J-1), work visa (H-1B/L-1/O-1), or under the Visa Waiver Program, and the father is neither a U.S. citizen nor a green card holder, the child will not receive automatic citizenship.

Under this order, only children with at least one parent who is a U.S. citizen or lawful permanent resident (green card holder) will automatically qualify for U.S. citizenship at birth.

Key Provisions of the Executive Order

• Effective Date: The order takes effect 30 days after signing and applies only to children born on or after February 19, 2025.
• Federal Mandates: Agencies such as the Department of Homeland Security (DHS) and the State Department are tasked with updating their regulations within the stipulated timeframe to reflect the new policy.

Trump’s Justification: A Crackdown on “Anchor Babies”

Trump and his immigration hardliners argue that birthright citizenship acts as a “magnet” for illegal immigration, incentivizing undocumented mothers to cross the border to give birth, thereby creating a gray market for birth tourism. According to Trump, eliminating this policy will curb illegal crossings and dismantle the birth tourism industry.

Legal and Social Backlash

However, the order has ignited a firestorm of criticism, with many opponents arguing that the move is unconstitutional.

Constitutional Concerns

• 14th Amendment: Critics, including legal scholars, contend that Trump’s order directly contradicts the 14th Amendment, which guarantees citizenship to “all persons born or naturalized in the United States.”
• Supreme Court Battle Likely: Legal experts predict that the order will face significant challenges, likely culminating in a Supreme Court ruling.

Immediate Legal Action

The American Civil Liberties Union (ACLU) wasted no time, filing a lawsuit against Trump’s administration on Monday night. The ACLU argues that the order violates constitutional protections and sets a dangerous precedent for undermining fundamental rights.

Implications for Immigrant Families

The order disproportionately affects families on temporary visas, including:

• H-1B, L-1, O-1 Workers: Highly skilled workers on temporary visas will face additional hurdles if their children are no longer eligible for citizenship.
• International Students (F-1, J-1, M-1): Families of foreign students will lose an automatic pathway to citizenship for their U.S.-born children.
• Tourists and Visitors (B-2): Birth tourism, already a controversial practice, is directly targeted by this policy.

For these families, the new rule creates uncertainty about their children’s future and raises questions about the broader implications for immigration policy in the U.S.

What’s Next?

The debate over birthright citizenship is poised to dominate headlines and courtrooms in the coming months. Trump’s executive order has sparked outrage, but it also reignites a long-standing debate over the interpretation of the 14th Amendment and the balance between immigration reform and constitutional protections.

As the legal battle unfolds, families, immigration advocates, and lawmakers are watching closely to see whether Trump’s unprecedented order will withstand judicial scrutiny—or become another chapter in the ongoing fight over America’s immigration policies.