In a recent piece, I incorrectly indicated that President Trump\’s executive order on birthright citizenship applied retroactively. In fact it applies only to children born after February 19, 2025. This clarification remains accurate: the executive order does not retroactively affect individuals born before that date.
The corrected version of the piece which most importantly highlights the challenges to the 14th Amendment has been posted here:
President Trump\’s Executive Order 14160, titled \”Protecting the Meaning and Value of American Citizenship,\” was signed on January 20, 2025. The order seeks to redefine the scope of birthright citizenship under the 14th Amendment of the U.S.
Key Provisions of the Executive Order
The order stipulates that children born in the United States after February 19, 2025, are not automatically granted U.S. citizenship if:
The mother was unlawfully present in the U.S., and the father was neither a U.S. citizen nor a lawful permanent resident at the time of the child\’s
The mother\’s presence was lawful but temporary (e.g., on a tourist, student, or work visa), and the father was neither a U.S. citizen nor a lawful permanent resident at the time of the child\’s birth.
In such cases, federal agencies are directed not to issue documents recognizing U.S. citizenship for these individuals. This includes documents like passports and Social Security numbers. The order emphasizes that the 14th Amendment\’s Citizenship Clause applies only to individuals \”subject to the jurisdiction\” of the United States, and asserts that children born under the specified conditions are not subject to its jurisdiction .
Legal Challenges and Supreme Court Ruling
The executive order has faced multiple legal challenges. On June 27, 2025, the U.S. Supreme Court issued a 6-3 decision in Trump v. CASA, limiting lower courts\’ authority to issue nationwide injunctions against the order. This ruling allows the executive order to take effect in states that have not legally challenged it, while it remains blocked in some specific jurisdictions pending separate litigation.
If fully implemented, the executive order could result in certain children born in the U.S. being denied citizenship and access to essential services. Critics argue that this move undermines the constitutional principle of birthright citizenship and could lead to significant legal and social challenges for affected individuals and families.
For more detailed information, you can read the full text of the executive order here: White House Executive Order 14160.