The 14th 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.”
Despite the plain meaning of the Amendment’s text, the Trump administration issued an Executive Order claiming that some persons born in the United States are not citizens. The EO runs contrary to centuries of Supreme Court decisions construing the Amendment’s application to all persons born in the country—regardless of their parents’ immigration status.
The EO only applies to children born 30 days from the date of the EO’s issuance. Thus, those children already born will not be divested of U.S. citizenship.
The EO is already the subject of a lawsuit filed by the ACLU. It will likely be enjoined and never made into law.
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