What is US birthright citizenship and what does Trump’s executive order do?

Explainer

Trump signed an order trying to end the right to citizenship for some children born in the US – here’s what to know

Alexandra Villarreal Thu 23 Jan 2025

As part of a sweeping crackdown on both undocumented and legal immigrants, Donald Trump signed an executive order on 20 January following his swearing-in as president that tries to end the right to citizenship for some children born in the United States.

In a country where birthright citizenship regardless of lineage is a deeply held value, the president’s attempt to cut off that right for future generations could create a permanent underclass, through policy change that would specifically target communities of color.

His executive order inevitably faced court challenges from civil rights organizations, which have favorable constitutional language and over a century of legal precedent on their side. The American Civil Liberties Union (ACLU) led a group of organizations in filing a lawsuit challenging Trump’s order.

The next day, a coalition of 22 Democratic-led states, the District of Columbia and San Francisco filed suit in federal court in Boston arguing that’s Trump’s effort is a flagrant violation of the US constitution. Washington state, Oregon, Illinois and Arizona together filed a separate lawsuit in federal court in Seattle and on Thursday, 23 January, US district judge John Coughenour temporarily blocked Trump’s effort, calling it “blatantly unconstitutional”, in the first court ruling on the order.

Here’s more on the right to birthright citizenship and its future under the Trump administration.

A photo of a man holding  a signed piece of paper
Family separation illustration

Read more of the Guardian’s Trump coverage

source https://www.theguardian.com/us-news/2025/jan/21/birthright-citizenship-explained-trump-executive-order

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